Looked after child with EHCP and preschool

[AuntieNoo]

Hi all, I am looking for some advice for a friend. They are adopting a child early 2026 who has an ehcp. The decision has been made to decelerate them to give 18 months to settle, experience consistency, and hopeful make progress on some milestones before starting school. Parent needs full days of nursery (3 days one week and 2 the other) due ro being a nurse. All nurseries local have a 2 year waiting list. Can SEN team and local authority pull any weight with nurseries due to vulnerable child needing secure and quality education setting able to meet their needs?

@AuntieNoo I know that when applying to state schools, being adopted, or a LAC gets you to the front of the queue and you will be given a place in any school you select (when they have a vacancy). So, I would assume the same applies to nurseries.

I don’t this there is the same rule in terms of priority as there is with actual schools but the virtual school for the authority where the child is from in addition to the EHCP team could make contact to discuss the situation. I don’t know how old the child is but if the child is school nursery age, I think they would have more luck with a school nursery than a private nursery,

Private nurseries are not bound by the same rules as schools as they are private businesses. If they’re full, they’re full.

if she’s adopting next year and will presumably have a year adoption leave then she’s not looking for a place until January 2027 at the earliest. I think she just needs to get her name on waiting lists asap.

A nursery cannot be directed to take like a school can be with a ehcp, due to the child not being of school age. However, I assume the child comes with a team around them. Social worker and health visitor should be able to support with a nursery transition. Issues may arise with the pattern of attendance they are seeking due to securing places, they will probably need to commit to the same days each week.

Ignoring the actual childcare issue (sorry), I'm hoping your friends have seriously considered the possibility that going back to work might not be easy - or possibly at all.

A 3 (or 4) yo who already has an EHCP suggests significant needs. Then add in everything that comes with adoption... that's a lot. Assuming they will be fine with childcare (and a variable schedule) is as much hope as certainty.

Nurseries that are wholly independent cannot be forced to admit. They have to agree to being named in an EHCP.

Nurseries that are not wholly independent can be named in EHCPs even if they object. On its own, being ‘full’ is not enough of a reason to refuse to name the preferred setting. The LA has to prove the setting is so full admitting DC is incompatible with the efficient education of others or use of resources. The bar for this is higher than many LAs admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”.

Having said that, I think serious thought needs to be given as to whether it will be feasible to work. Even if DC attends nursery some of the time, full days can be a lot and there will still be meetings, appointments, paperwork, etc.

I think yhe best advice i could give is for your DF to join MN. The adoption board in particular is very good.

Your friend won’t need childcare until 2027, so if I was her I would put the child’s name on the list and deal with it nearer the time. I’m an adoptive Mum to 3 children and it’s utterly exhausting in the first 6m, so I would suggest she sorts the waiting list place now then forgets about it.

The decision has been made to decelerate them'
Do you mean delay school for a year or something else?
To already have an EHCP shows some serious need and I'd be expecting nurseries not to cope and be heading to special school.
Presumably parent taking a year's adoption leave? If can't afford will they get adoption support funding?

Get friend to join MN and post on adoption board.

Might a childminder be easier to settle and more flexible for a shift pattern. Although it might be better for the child to have a set routine of same number of days each week. Even state school preschools tend to expect a minimum attendance and short hours. I don’t think they can be forced to find a space, especially with SEND and out of year, but they cannot discriminate if a place is available. Presumably your df will take adoption leave so will gain insight into their additional needs and strategies required to support them, which can inform a decision on childcare.