Can then refuse based on age?

[Rosebel]

I have asked this elsewhere but didn't get any replies so am hoping someone here with know the answer.
What is the actual age a child can be in nursery to? Am I right in thinking they can attend to 4years 11 months.
We were considering delaying DS starting school until Easter (he isn't 4 until next year but his birthday is in June so he'd still be 4 when he started) but the Senco said he'd be too old for nursery.
He would be 4 years and about 9 or 10 months, depending when Easter is.
Is that really right? That he's too old? He's got quite a lot of additional needs so we thought the extra time /attention might help him to "catch up " a bit. Or it might not.
Anyway I might be wrong but am hoping someone can tell me if nursery can refuse a child if they are under 5? I guess they can refuse to have him for any reason but I thought as he was under 5 it would be okay.

I don't think you can use nursery as a stop gap to delay starting school. If your child is old enough for school then they attend or they are at home.

It's likely due to legislation for nursery services around numbers and funding etc.

They are mostly private business‘ they can pretty much do what they like within the confides of ofsted. Id guess it came down to.
capacity and if they could fill the space after you left.

Are you able to start at Easter anyway? He’d go into a Reception class who will have had two terms in school already.

Op if he's got complex needs wouldn't it be better to be applying to special schools and getting proper interventions rather than leaving him in nursery anyway? Is it nursery where they won't push academics or a preschool where they'll follow a curriculum?

Google seems vague so I agree with you od think he's ok to stay.

However if his birthday is June and he start Reception September it'll give you a year in school before "proper" school to look at things like EHCPs

Where I live children can be in preschool nursery till they are 5 because of birthdays and deferment . 1 of mine was 5.3 when they left nursery the summer before school started,

A nursery is probably worried about dealing with a child who is much older than the others (so may not be interested in the same activities or be learning the same things), and at the same time has other needs. He’d take up a disproportionate amount of staff time.

Years ago now, but Dad's preschool were happy to have her for the extra year. August Birthday so would still have been 4 when the last term ended, I don't know if that's relevant.

They did warn us the new Sept intake we're mostly 2 year olds and it might not be the best fit for her though.

I know several people in recent years who have delayed school and stayed in preschool for an extra year.

Nurseries will take children that age, because for children who turn 5 in September they'll take them throughout the summer.

But is starting at Easter sensible? The rest of his class will have done two terms when he starts, he'll miss all the stuff they cover then (eg my daughter just started reception and they're teaching them their letters). If you're concerned, wouldn't it better to refer a whole year?

If it's a private nursery then I think they can.

What sort of nursery is it? Private day nursery or a LA nursery school?
My Sept baby was in Private day nursery till the week before her fifth birthday, but she also moved with her cohort and wasn't kept back so it hadn't impact on others.

if its a nursery school they will have more limited numbers of spaces, class sizes and year groups and the tend to move all in one go.

In both settings you would effectively be taking a place for a full academic year because they won't be able to move another younger child up mid year.

In terms of registration and insurance, yes they can.

But if they have a policy, such as "no-one over CSA" or "no-one who has reached age of eligibility to join a reception class" and are applying it to everyone, then I think they can refuse.

If you think the refusal is because of discrimination against a protected characteristic, then you might have a case. But whether written policy or not, if they have never taken a child over a certain age, it might be difficult for you to win.

You can’t just ‘apply’ for special schools ffs - do people really think this?

Unless it's discriminatory, private businesses can generally pick and choose their clients.

Nursery shouldn't be used as a stop gap because you feel he's too young for school. Either he starts reception with his peers or he stays home with you.

@Rosebel

I suspect it depends on the nursery. Our son started at a school nursery at 3 but has already been diagnosed and nursery/school supported the EHCP process and we’re happy to keep him in nursery for an extra year until he got a specialist place if necessary.

Most private nurseries round here will take up to 5 so I suspect it’s school nurseries thar may not accommodate you.

I wouldn't start reception at Easter.
I'd start with the rest of the co-hort - either aged 4, or do a summer born deferal, and start him in reception aged 5y 3m.
Given you've said quite a lot of additional needs, I'd defer.
Then look for childcare that will take him.

It's a private nursery and we are in the process of applying for an EHCP. The Senco has admitted that DS is emotionally and socially more like an 18 month old and I think the only reason he's coping (although not brilliantly) in preschool is because he has such a fantastic key workers.
Obviously the ratios are much higher in school and given DS is non verbal and not potty trained and that he doesn't really socialise or interact with other children I can see him not getting much support (as the teacher will have 29 other children to teach).
I don't think his EHCP will have come through by January when we'll have to apply for school.
I would have liked an extra year at nursery as he might have been socially, emotionally and physically ready but obviously they don't offer that.
I'd love to keep him at home but unfortunately I have to work, although I'm looking for something with more flexible hours.

I wouldn’t start him in an already established reception class after Easter. That would be even worse. Either defer for the whole year or start in September. Though if he isn’t toilet trained and is non verbal I think you’ll need a more specialist provision. There is no way he would manage in my children’s mainstream school

I don't think mainstream schools can refuse a child with SEN. Ideally though I think a more specialist school is going to be best.
I can't apply for one though until his EHCP comes through, for some unknown reason nursery really dragged their feet over starting the process and I don't think it will be in place before I apply for a school place.
I'm so exhausted by it all.

Refer yourself to an educational psychologist they will help you to find the right placement for him. Good luck. Life is hard sometimes xx