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

Nurseries apply for money from the inclusion fund once a specialist teacher from the LA has been into the setting to assess the childs needs. So all nurseries weather maintaimed or private can access and apply for this extra funding for the child.

Yes but it's not compulsory that they do and it's not compulsory for the LA to provide it if they can accomodate the child in another nursery. Nursery is not compulsery. It's a choice.

Exactly this. For children with complex needs and will usually be receiving DLA.

Funding that is difficult to get, can take a long time and isn't enough to fund 1:1.

I agree with this. It should not be accepted fairy standards behaviour to hit each other. No two kids are equal - some would hit, some won’t.

There could be a kid who is not reactive and a bit shy, they won’t fight back and this will result in them being a target. Why should that kid have to take this hitting and going to nursery as a traumatic experience?

What are you planning for school?

You must know that this is a really long process - and during all of this the nursery are still having to manage the child's needs without additional funding and support?

It would be terrible if asking a child to leave a childcare setting was illegal. Dreadful in fact.

We will be applying for an EHCP but he will likely (regardless of whether in place or not) be given local mainstream. So that. We will then likely watch it all fall apart and continue to battle for a place in a more suitable setting.

I also dont actually agree this should be illegal, it should just have a robust process and support around it for when it is appropriate. Not just a phone call of "were terminating his placement, bye".

What do you envisage?

So you don’t think it should be illegal
but if this thread had confirmed it is illegal, you would have pursued the nursery despite not agreeing with the illegality of it?

But the ‘protection’ you seem to be seeking is for your son to be able to stay at his current nursery until he finds a new placement - but with waiting lists what they are, that might never happen. So in effect, you think your continued access to childcare is more important than the right of all the other children to be safe from physical harm.

Have you considered a school nursery? They will be more supportive and are governed by different legislation.

Sorry, let me clarify. I think there should be a legal process with support in place. Yes I think it should not be legal to make a call and end a placement with no notice when a support plan is in place and you have been working with them. There should be a legal requirement around decisions to end placements.

Like what?

Is private an option?

You're so off the mark I don't really think there is point me trying to explain but what I think is my son has a right to support. No I dont think he has more right than other children and never once have I implied that.

Our local private schools are not interested in taking additional needs. We had already investigated that for a Reception place due to smaller class sizes etc.

It is illegal to discriminate (see my previous post) but this isn't an exclusion in the sense that it would be if it was a state school.

What? None of them??

All 4 that are within 30mins drive, yes.

So you think the nursery should be legally obliged to help you find alternative provision for a child that needn’t actually be anywhere?!

Hope you find a childminder. If you don’t see this sort of behaviour when he’s playing with friends then maybe he can’t cope and is overwhelmed with the setting, he might be much better in a childminder situation.

They have actually said we do not get involved with children with additional needs?

I think there should be a legality to refer to LA who would provide support, or similar, yes.