Is this an illegal exclusion? Nursery

[MumTeach88]

My 3.5 year old son was kicked out his nursery. We have been working closely with the nursery throughout and he has additional needs. We have a SEND support arrangement in place as well.

We were called in for a meeting and they informed me they don't feel they can meet his needs and that he isnt coping and is "impacting the other children". My hand was metaphorically twisted and I said "is this you saying I need to find another setting?" Long story short, yes, this was what they were doing. I agreed i would and they agreed they were happy to have him until I found one.

2 weeks later (him having only been back a day and a half as we were on holiday), they called me. They were beating around the busy and I said "so you're kicking him out?" They tried to say words around it and that it wasn't they were kicking him out, I asked "So he can come in next week then?" They said no. My husband then called them later and they confirmed they were terminating his place immediately.

I have documents with that they have done (or not as the case was) against the Support Plan. Their main issue is he was impulsive and where he has SAL issues, he can grab and hit. Now, I totally understand that's difficult, but having received rhe behaviour logs under an SAR and shared with someone working in another nursery, they feel that it is actually fairly standard 3 year old behaviour to snatch a toy or hit a child when you can't communicate. Obviously I understand this is an issue, and would never want to have my son hurt someone, but we were working with them (so we thought) on this with social stories, support plan etc. Among other things, they have issues that he cant sit still for 20mins, can't use cutlery proficiently and needs his suncream applied 1st due to allergies. They also take issue that he is not potty trained (despite us trying twice and working with them on this).

The long and short of it, is this a legal exclusion? As far as I am aware they have not submitted to LA. The nursery is independent but under OFSTED. Thanks

2 have explicitly said they do not have capacity to deal with the additional needs, other 2 implied without explicit, yes. They are not obligated under the SEND act to do so.

Dont think you're geting the fact that the reason your child was in that nursery is that you chose to leave them there. Nursery is a choice. This wasn't a "placement", this was a business transaction you made to outsource child care. It's entirely up to the nursery who they decide to do business with. They have decided not to do business with you.

You have explained multiple times that you think there should be legal barriers preventing nurseries from ending a SEN child’s placement with no notice - in other words, nurseries should not be able to immediately prioritise the physical safety of the majority of children.

If there was another SEN child at the nursery who was violently targeting your child, would you be so concerned about their ‘rights’?

It isn't an exclusion no matter what the setting.

Why?? There is absolutely NO obligation for your child to even be in a childcare setting!!

For 4 schools not to have any provision for SENs is… well, let’s just say unusual

I would, yes. I would be concerned about my child too. I've explained my views multiple ways and haven't really got another way to put it so I will leave it there responding to you. Long and short, children with additional needs should also have protection. Not at the expense of others, but not without nurseries having legality they have to follow.

Unfortunately I dont think this is as unusual as you seem to think based on the groups I have been part of for parents of children with additional needs. But the optimist in me would hope you are correct that this is unusual.

For nursery places that are a choice? Do you think nursery should be compulsory then? At what age?

I think the long and short of it is you and I will never agree so we may as well leave it there. Have a good day

My 3 children have all attended private schooling throughout

the SEN provision was exceptional (one child required). Although paid for us on top of fees.

I didn't say it was.
Every single poster on this thread appears to be unaware of the concept of disability discrimination.
The nursery is only entitled to refuse service on the grounds of disability if it's a proportionate means to a legitimate end. They could have provided service (a place at nursery) if they had put other means (a more reasonable behaviour policy or a better support plan, probably both though if better support they might not have needed to invoke the behaviour policy) in place.

Well it would appear the law and LA will also “never agree” with you.

And for that, I’m grateful.

If a child is in a setting, showing clear need, and being kicked out, why WOULDN'T you want them to have support? If there was a legality for referal this would help children before entering school, which in place would help their peers as early support would have been offered.

My son has complex needs and for him kids who would hit and bite were very triggering due to his previous trauma.

I think it’s also important to keep in mind that one child’s special needs can have a negative impact on another child with special needs.

That poster is correct though. What law should cover a personal choice?

👍

Absolutely. And I would hope if they weren't coping in a setting they were also offered support.

Specialist places exist and someone has to get lucky. The places are growing year on year, and they go to families where the parents fight for them rather than those who assume it's not possible.

Now he's been "excluded" by his nursery that gives you much stronger evidence of need than many other children will have. You might have a better shot at specialist than you think - if you think that is right for him of course.

Mainstream is not inevitable. Him spending months in a setting that can't meet his needs is not inevitable. I also assumed it was impossible but we managed it. I think we got so desperate we had to suspend our disbelief and just go for it. My mantra through the process was that someone has to get lucky.

Sorry, that is complete rubbish. Do you think parents legally have to leave their toddlers with strangers all day? Because they don't. It's a CHOICE.

You are right and the optimist in me hopes he will get his EHCP and hopes we will get lucky. He would benefit so much from it. Just feel I need to not get my hopes up as the Send Support assessment lady at the nursery from LA said mainstream with additional support. So it obviously makes me not feel optimistic.

And they will be at your child’s old nursery

but there came a point when I suspect the numbers of parents complaining and staff members expressing struggles - that the nursery took the decision that they had reached the end of the road in terms of what they could offer your son.

No, I dont. I just think if they have and need is identified, this should be followed on. Anyway, have a good day.

The LA has enough on its hands with children who are of compulsory age and actually being educated

rather than childcare

If it’s a private nursery, it’s their rules. TBH, if he’s struggling so much that a group of staff can’t cope with him and he’s a risk to other children, it doesn’t sound like nursery is what he needs right now.