Nursery reducing my autistic toddler’s hours due to behaviour and no funding

[Leabee1234]

My almost 3 year old nursery have now confirmed they are reducing his hours and dropped a day. Im a single working mom I work part time 3 days per week. Nursery have now told me they dont have the facilities to manage him. So they have dropped his day Thursday and said will he reduced hours Tues and Wednesdays. I am in a bad state as a single working mom and I do not have opportunity to reduce my hours at work I have worked at my job for 10 years. Nursery dont have the funding to support him and he seems to be getting worse. Council rejecting any 1 to 1 funding even though he receives dla , and he is currently undergoing assessments for autism to get his diagnosis. So anxious and worried now and now need to sort alternative childcare for Thursdays that I currently dont have. I feel like my soncis being discriminated against The nursery is struggling to manage him at the moment. They’re fighting to get 1-to-1 support for him, but the council keeps rejecting it, which is so frustrating. my son hits out a lot and has bad meltdowns where he can become a risk to the other children, throwing hitting etc and the staff are getting overwhelmed. Because the council keeps turning down the funding, I might even have to reduce his hours at nursery for now.I think as he’s getting older, he’s struggling with his emotions even more. He seems to understand more of what’s going on around him, but because his communication is so difficult, it just leads to frustration. To give a bit more context on his speech: he isn't non-verbal, but he is non-conversational. He actually speaks a lot, but he doesn't have much understanding, which makes communicating really tough for him.He’s due to start school next year, and the nursery is currently gathering all the info to start getting an EHCP in place for him. I am worrying so much about how he will manage at school.He also had his first autism assessment on Monday.They said if there’s enough evidence right now, it will go straight to the panel. If not, they’ll come and observe him in nursery in 5 months' time and go to panel after that for a diagnosis. He also has a paediatrician appointment next month. It just feels like such a long, painful process.ive been crying since yesterday. Im really concerned about the future and him starting school. I wish I knew how to stop him hitting throwing especially others . I hate the thought of him being excluded at school if no one wants to go near him if hes hitting out and acting this way it breaks my heart.Has anyone else been in a similar situation with council rejections for 1-to-1 funding? Or have any advice on navigating the EHCP and assessment process when you're feeling this stuck? And anyone had any similar experiences with nursery not being able to manage their child ? Any advice or words of encouragement would be much appreciated

Just apply yourself for the EHCP now. The reduction of hours and inability to cope is enough evidence a mainstream setting can’t meet need. If it’s refused (as happened to us) immediately appeal.
Also self refer yourself to the disabled children’s team of social care for a carer and child assessment. Tell them your job is at risk
The council has a legal duty to provide sufficient childcare for disabled children (although you can’t enforce this as an individual as it’s a duty to a group) but they will have a list of childcare options which must include Sen.
Cerebra is a charity that can help with the legal social care side. IPSEA or SOS!SEN has EHCP advice.
Also contact your MP.
You need specialist provision either a special school nursery or an alternative provider that works with young children and then transitions them gradually into a mainstream setting once that have gained the skills to be there (and also train up the setting staff).
You can ask social care to arrange a child around family (caf) or early help meeting with different services present to find a solution.
But things don’t move quickly and it’s not uncommon to be forced out of work.
If the decision not to provide 1:1 is irrational you may be able to judicially review it but it can be hard to find a solicitor. SOS!SEN have a service where they will write a pre action letter for you.
Keep records of everything. Get the nursery to put the reduction in hours and reasons in writing. If they won’t then you follow up any conversation with an email confirming your understanding of what was said as this builds an evidence trail.
Hopefully by starting formal processes the council will realise it’s easier and cheaper to just give the nursery the 1:1 funding

In addition to all the formal processes,make your MP aware and ask for them to support.

His hours being cut by the setting is more than enough evidence to meet the threshold for an EHCP so get your parental application in now and kick start the 20 week legal process. Good luck x

You don't need to wait for anyone else's permission to get the ball rolling on an EHCP you can apply now.
Once an EHCP is in place, if it records legitimate needs that cost money to provide, then the setting has to be given the funding to provide the hours that your child is entitled to. However, if it's in your child's best interests to have shorter hours than the normal entitlement, then there's no right to push for more for the sake of your employment's childcare needs.
It will make a difference if the Nursery is being run within the Public Sector (e.g. within a state school or run by the Council) or Private Sector (independent business). You will get better support in the Public Sector

You do have the right to ask for flexibility from your employer - the sensible thing to ask for would be that your working hours should be temporarily adjusted to match the hours that your child has Nursery for, with a plan to increase them again once he is able to attend school full time once the EHCP is in place and a suitable setting that can meet his needs is found. Honestly it could take more than a year to get to that point. If your employers refuse to be flexible don't just resign straight away - talk to a union rep to see if there's a case to be made that this is discriminating against you for your caring responsibilities - it might not be, if they can make a reasonable case that the hours you are available simply don't fit in with business needs and can't be accommodated. If they dismiss you after fully exhausing all legal pathways to attempt a resolution then you will just need to live on benefits until such time as a job that does fit with your needs may appear (this also may take a very long time)

Hi. I suggest you contact an educational charity like SOs!SEN or ipsea for advice.

https://www.ipsea.org.uk/complaining-when-the-school-is-not-using-its-best-endeavours-model-letter-21

The above is a good place to start.

Don't worry about school. If your son can't cope in mainstream, he will get a TA or attend a specialist provision.

Good advice here already but as a warning - having been where you are - our LA took over a year to issue an EHCP and then argued they didn’t need to honor it until compulsory school age. I spent an awful lot of time and energy fighting for support in nursery but it was a real nightmare and seemed to rely basically on convincing individuals that the LA had an obligation to do something. We eventually got a 1:1 but funded at a fraction of the cost and the nursery cobbled together an approach that just about worked. There’s a separate early years funding pot (I can’t remember what it’s called but look on the LA website) which may help.

Early years funding and access is shocking and based on the assumption that a) congenital disabilities don’t exist and b) that disabled kids will have a parent that doesn’t work.

IPSEA and SENDSOS are excellent.

Also, for us school has been infinitely easier than early years. It won’t be everyone’s experience but we’re mainstream with a 1:1 in a lovely, big, well resourced, experienced primary and they just know what they’re doing.

What a shitty, shitty system OP. I'm so sorry your son can't get the support he needs.

This.
Ask for help from your local SENDIASS and the Early Years SENDCO to complete the application.

Thanks everyone I have sent an email to my local SENDIASS team. I also am going to look at speaking to the MP . I am extremely upset overwhelmed and stressed with this situation and feel I have been left in the deep end. I need my job and its just hard not getting the support for my child that he needs so clearly

Would it not be possible to go on universal credit, op? At least to get through this time?

Agree with above re reaching out to MP

Ask nursery to start ehcp application now or do it yourself as others say evidence is there. We got hours reduced to 2 per day which we felt was right for son at time due to group size/nursery environment but they let us continue this through out holidays. was worried about school but ehcp/specialist provision all went well.

2 hours per day

Is the nursery reducing hours to almost force the councils hand to provide 1-1 support? And more evidence for an EHCP?

If he's lashing out at other kids the staff will also have all the disgruntled parents to deal with and thats an extra lot of stress in itself. They won't want their kids being hit understandably. I do really feel for you though in your predicament. It's hard all round so hope you are given then EHCP.

As pp have said, nursery’s hands are really tied. I’d push hard to get your employer to reduce your hours while you sort this out. If he’s lashing out it may not be the right setting for him at all, and if so you may need to consider taking time out of work.

I think so. They need the support and funding for him. I have emailed my local councillors and wrote to my MP. The council are rejecting when I feel there is more than enough evidence that he needs 1 to 1 support. I worry alot about the future and him starting school next year. He is also an August baby so he would be the youngest in the year so I feel that also places him at a disadvantage aswell as his educational needs.