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

The only ‘support’ that can protect children from a violent child who poses a physical threat to them is one-to-one supervision. If the nursery - a private business - cannot fund this, then how do you propose keeping the non-aggressive children safe?

You put the child there. You could have kept him at home. If he shows "clear need" then the responsibility of meeting that need is yours. No one elses. The nursery have told you that he has needs they are unable to meet. It's time for you to meet them.

I am meeting them. Thanks though 👍.

It’s easy to say that until you’ve actually worn the other parents’ shoes. If it was really your child being used as a SEN child’s punching bag, you might find it harder to carry on virtue signalling.

Yes, it is true you can never fully understand unless in that situation. Valid.

what is your aim for the meeting?

Meeting his needs... see what I'm responding too

You don't legally have to go to a restaurant, buy food from a supermarket, or sing in a choir. However, if a restaurant, supermarket, or choir refused to allow you to use their services based on disability, this is discrimination.
Discrimination law applies to services that are sold, as well as things you have to do by law (like send your children to school).
If a music venue only allows people to stand, and if you want to sit down you are removed from the premises, this is disability discrimination.
If a supermarket says "Catholics only", this is religion discrimination.
And if a choir says "under 50s only" this is age discrimination.

That means nothing

He is no longer under their care and they have no obligation to be involved with his “needs” let alone “meet them”

Good lord, if you're going to try and argue at least read it properly. I said I AM meeting his needs, nothing to do with them in any way, shape or form

He needs a EHCP and then a named pre school. You have to get going with it. Nursery is only one part of the process and it’s not going to stop the process. This nursery had no funding for him so could never afford 1:1. They have a duty of care to all dc there and your dcs needs don’t trump the dangers he poses to other dc. Hard as that sounds. He doesn’t have rights at a private nursery but he will to compulsory education. If he’s summer born, should you delay him starting school?

I thought you meant meeting the nursery

Yes we are already getting going with the EHCP as I know the process can be long.

How are you “meeting his needs”?

Aren’t you just…. Parenting?

This isn't true though - if they are complaining the child won't sit still for 20 minute stories, they can make the story session shorter. If they find he can't wait for lunch, they could serve him first. If the afternoon play session is hard for him but he's OK first thing in the morning, they could find him a quiet space with 1 other child and one adult for the afternoons, and then he can have a calm down during the part of the day that's hard due to tiredness.
If they have tried all the things that don't cost money (like these), and have put in some effort to discover other reasonable adjustments (moving soft furnishings around can make an area a lot quieter if it's a really noisy area, allowing him to play outside if the indoor game is too much for him, not necessarily with a 1:1) that's the time they can say "we've tried ABC and XYZ, we're asking the LEA SEN department for advice, can we work together on applying for an EHCP to carry him into school".

So you would like the law and LA to be involved in forcing an early year childcare provider to help you find another place or even refer you to the LA.

When said childcare is entirely outside the remit of the LA because it is entirely voluntary and not at all linked to the education of children

Yes. I am parenting my additional needs child to meet his additional needs.

That was actually a reply to another poster. You have a good day too.

Thank you for this. Yes, this is much of the recommended that was not acceptable. And thus, a lot of this lead to the dysregulaiton unfortunately.

That doesn’t sound right at all.If he’s struggling because of his needs, the nursery should be working with you to support him.

Great. You are his parent and this is your responsibility.

It is not, nor will it ever be, a legal requirement for any childcare setting to provide care for a child not of compulsory school age.

It might be a “nice to have”

but zero legal responsibility

As it is my responsibility to advocate for my child.

Indeed

But in this scenario you do not have the law standing behind you.

in a year’s time, you will

Absolutely. Which was all I was trying to get from this post in the 1st place lol