Is it discrimination? 2 yr old nursery

[PringlesInTheFlySpace]

Hi all, not an Aibu but posting for traffic.
A friends 2yr old has been refused a nursery place due to having a colostomy bag. She was just wondering if this can be classed as discrimination? Does a 2 yr old have a right to an education in a nursery setting, or does that right only apply to school age children?
Thanks

The proper care needs to be in place and if they can’t provide that then yes they can refuse

No it’s not discrimination. Maybe the nursery has no facilities to change the bag if needed or the staff haven’t had relevant training. Also, no they’re not entitled to education at that age.

We did think that was the case thank you for replying xxx

My daughter has a colostomy bag too - we've fortunately found a nursery who are willing to take her
But they don't have to should it become too much work for them :(

The EA requires reasonable adaptation. Assuming they take children in nappies then it probably is discrimination, if the child doesn’t have other complex needs. Staff training and a disposable bin would not be excessive expectations.
That said, doing battle isn’t probably the answer as they’d be providing care resentfully rather than welcoming all and feeling comfortable with difference.
Find a nursery that is more willing to meet the child’s needs as if their not willing to personalise that aspect of care, what else is missing from any individualisation.

Does the family receive DLA for the 2 year old? If so they may be entitled to 15 hours a week free childcare from the term after they turn 2. However there would need to be an action for inclusion meeting with the setting, parents and professionals (eg health visitor, community paediatrician etc) to discuss reasonable adjustments. I don't know what's involved care wise for a child with a colostomy bag so maybe it's not unreasonable for the nursery to refuse. However many children with disabilities will receive funding for a one to one to support them in a setting from 2, so maybe the child would be able to have a one to one who is trained to manage his care, presumably they will need this at school anyway?

It’s not much different to changing a nappy really ( I spent years in nursing, now work in a nursery). It sounds like a case of ignorance and fear. Try and find a more enlightened nursery.

Changing a colostomy bag is easier and more pleasant than changing a happy, and needs no more time or facilities.

It sounds like they're just being immature and 'ew' about it without having any knowledge of what it's like.

Happy= nappy, obv!

Yes it is discrimination. Under the Equality Act 2010, they could make reasonable adjustments and to be honest a colostomy bag at that age would maker her easier to care for. Get her parents to contact one of the disability charities and write a complaint to the nursery.

@saraclara I would not say it's easier in any way

Hmm thats a good question actually.
Would people be ok if the nursery was saying NO to a 2yo who was deaf or in a wheelchair?

@flightless55 I found it easier. It's less messy in that the faeces aren't spread around on the body. They're nicely controlled in the bag, and a wipe of the stoma surround is easier than wiping a messy bum. Also there's far less smell.

It's really not a skilled job. I and my daughters had to do this in order to nurse my terminally ill husband at home, and it was actually the least difficult thing we had to do. Also I've done it for children in a professional setting.

Either way, it's really not a reason to reject a 2 year old.

It's a tricky one because of a child's needs mean they need extra staff time, nurseries try to avoid taking them - they essentially cost more money to care for. But if a child is registered disabled it's possible that there's additional funding, not just for care but also for training the staff. They probably will be entitled to a place at a nursery with special needs provision whose staff are properly trained. We couldn't get a place at our dd at a private nursery because she is autistic and non verbal at that age, she went to a specialist nursery which was also free!

It's really not tricky, and it's not time consuming. Really,there is no excuse for a nursery to say no. It doesn't require specialist skills, the task can be taught in five minutes, to anyone.

It sounds to me as if the nursery is just having a visceral reaction to the idea of the bag.

I know it’s technically not more complicated than changing a nappy - but for insurance purposes and paper work the staff will probably still need special training which they may not have money for? Budgets are tight.

Obviously if it’s for covering work etc this might not be possible but would your friend be able to change the bag just before nursery having it last till after or nip in if it needs done? They are easier than nappies if they don’t get pulled off or open. But I know before we had a resident arrive with one we had to go on a training if we hadn’t already and for a nursery the funds for training aren’t likely to be high or for less common medical issues.

It will be the insurance company insisting on the staff receiving training before the child starts

saraclara I really doubt a nursery, of all places, is having a reaction to the ‘poo’ side of things.

I would think it far more likely that it’s more of a “oh god, medical procedure, not sure what to do” reaction.

Others have given good advice about looking into possible 1:1 funding, OP. It may be that you could politely ask for feedback from the nursery that turned her down as well - it may give you an opportunity to offer to come in and explain/demonstrate the procedure, for example, which may ease the nursery’s concerns if it comes from a medical/time concern.

Forget them, if you you have to fight them simply to take her everything will be a fight.

There are better places. I run a childcare setting and wouldn't be at all worried about this. Staff would need to be shown how to manage the bag but it's hardly insurmountable.

Look at your county council's "local offer" to find an inclusive setting.

Yes it's discrimination. The child has a medical need/ long term illness that is likely to be covered by the equality act. Contact your local LA and see if they can help.

The bag may leak or the skin around become sore or excoriated and then the bag would not stick, not as simple as changing a nappy

Oh, we've had children with feeding tubes and the district nurse came and trained us. It didn't take long at all.

Rather than 1:1 funding which unless there are other needs I wouldn't think is suitable and besides takes forever to get. You can ask to talk to the Early Help team at the Local Authority who can help.

I'd really look elsewhere. Some nurseries get really twitchy about anything medical...I just had one flip out because they had to give a child 1 spoon of medicine a day...really? You've got parental permission, it's prescribed, they need it, their other setting has been doing it without issue fir over a year. What's the problem?

I have zero patience with this stuff.

I’m not sure if she’s in receiving dla for him, I will pass on the advice thanks again.

contact.org.uk/advice-and-support/education-learning/support-in-the-early-years/