Article: senco-forum Early Years - incontinence the DDA and Child protection
This is a problem I came up against some years ago, before the new
Disability Discrimination legislation came into force. At that time
there was little that could be done about blatant discrimination such
as you have described. Indeed I was not even allowed to remain on
school premises (or even wait in my car parked outside the school)
ready to change nappies when this became necessary.
Fortunately the law has now changed substantially in favour of parents
whose children are slow in becoming potty trained or are incontinent
for medical reasons.
First, it's common practice for private nurseries (not attached to
schools) to employ qualified nursery nurses -- whose training and
subsequent duties include the changing of nappies. Furthermore, once a
child reaches four years of age these same private nurseries are
eligible for financial recompense from the government for providing
pre-school provision to these children.
Unfortunately school based nursery facilities are more often staffed
by less well qualified leaders supported by parent volunteers which
helps keep the cost far below that of most private nursery facilities.
However this does not exempt them from the disability discrimination
act. Far from it. For as I understand the law, they are still legally
obliged to comply with the law.
After all, their excuse that changing nappies is costly of
'unpleasant' has no more legitimacy than a school which tries to claim
serving the needs with children who have SEN is both costly and
disruptive to the education of other children.
The bottom line (pardon the pun) is that changing nappies is a
necessary skill. All nursery staff and preferably all volunteers as
well require training in this skill. Furthermore at least one member
of staff (or a trained volunteer) should be available for changing
nappies in the event this become necessary. Note this should not
usually be left to a single qualified (non volunteer) play-group
leader, as this person needs to be kept free to oversee and manage the
group as a whole.
I don't know whether this has been tested in court or at a tribunal
(SENDIST) as yet -- I will try to find out. One reason this might not
have happened to date is that by the time this reaches a court or
tribunal the child has already moved on.
As for the issue of 'child protection', this is basically a red
herring put out by those who don't want to have to undertake this
unpleasant extra duty. A simple training course plus basic child
protection procedures (for example two adults should be present when a
child is changed by anyone other than that child's parent) would
easily suffice to get around this objection. Such objections are
simply a crude smoke screen for those whose real motivation is
upholding the NIMBY (not in my back yard) principal.
Failing to provide such facilities when needed -- say when a normally
continent child has an 'accident' -- is just as much a child
protection issue. Indeed, I've witnessed children who needed changing
early in a session simply being ignored for several hours. I've even
known parents who collected their children and found them crying in
pain from severe nappy rash. Now as far as I am concerned such
unnecessary discomfort borders on cruelty and is a far more valid
real world child protection issue.
A related issue is that many nursery facilities don't even provide an
adequately equipped nappy-changing area -- at least this was still the
case the last time I enquired. This is an issue that many schools
(with nurseries attached) have not even begun to address, as standard
toilet facilities designed for junior school children are simply not
adequate.
*This should be addressed within all schools' statutory
*disability planning obligations and policy documentation.
I recall at one school the only place I was able to change my child
was inside my car ...furthermore the head-teacher even went as far as
to inform me I was 'not allowed' to park on the public road outside
the school, as she wanted this space reserved for the parking of her
staff's cars only!
Perhaps the lead needs to come from LEAs who should be oblige to offer
all nursery facilities (and infant / school facilities where the need
arises) LEA funded and/or provided training, open to both staff and
volunteers at all nursery and other facilities where 'staffed nappy
changing' provision has by implication become a statutory requirement
under the newly introduced disability legislation.
Yes of course volunteer parents may object to their being required to
change the nappies of other people's children. But this can be gotten
around by giving them the choice of either paying substantially more
in fees for having a qualified (expensive) nursery nurse on hand, or
paying a lesser fee if they are prepared to receive training and
provide this service themselves to all children on a voluntary basis.
This way the onus will be moved away from the past common but never he
less highly discriminatory practice of insisting a child's own parents
must remain or hand to change nappies, or else they will be excluded.
If parents and staff refuse or object, then the alternatively is for
all parents to be charged a compulsory financial levy that covers fees
and the cost of taxi transport both to and from the nearest
alternative facility prepared to take the excluded child -- one where
nappy changing is included within this facilities standard service.
Either this or parents must pay for a qualified nursery-nurse to be
present at all times. The final alternative is for the discriminating
facility to be closed down.
One final note: As a working parent whose child was denied access to
local nursery facilities simply because he happened to remain
inconsonant for a little longer than is usual for most children, I can
tell you from first hand experience this was extremely upsetting for
both myself and my child. What made it far worse was lack of sympathy
and even the contempt shown to me by staff and other parents whose
attitude not only discriminatory but even gloating on occasion --
implying their own 'potty trained' children were somehow superior to
mine. Indeed some even strongly objected to my changing my own child's
smelly nappies on the floor inside the nursery facility -- after which
I was excluded. None expressed the alternate view the play-group ought
to provide basic changing facilities, or at the very least a changing
mat for use by parents.
David Bowles
TeacherLab / Education Support
db at educatiomnsupport.fsnet.co.uk
PS: You are welcome to pass on this post (including my name and email
address) to the NSPCC, other lists, LEAs and anyone else you feel
could use what I have written as leverage that will help ensure ensure
adequate staffed changing facilities become a standard requirement
within all nursery facilities and for all children of any age who
suffer incontinence for medical reasons and need adult support to help
them cope with this.
CPed from a senco forum