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SEN

Here you'll find advice from parents and teachers on special needs education.

Nursery won’t have ASD son because of funding

8 replies

Monkeynutt · 16/09/2021 16:46

Hi, I was wondering if anyone has any advice, I’m not sure what to do next really.

My DS is 2yrs 8 months, and I’ve been trying to get him into nursery (we’re eligible for 15 hour funding) since April. I think playing and being around other toddlers will do him good.

The first nursery I tried asked how his 2 year review went, & when she found he wasn’t talking and waiting to see Paediatrics about possible autism, said she can’t have anymore special needs kids. I was kind of shocked. I didn’t think a nursery could turn down a child. Nursery 2 did the same.

I spoke to someone at the children’s centre about it and she recommended applying for SEN before he starts. It’s taken about 10 weeks so far, but she said it might take a lot longer because the board have only just started meeting up again and there’s a backlog, so we’re looking at December time before a decision is made.

We moved a few miles away, and there’s a small nursery just down the road that’s attached to a school but is in a separate mobile so it’s not too noisy or big for DS.

I asked the lady from the children’s centre if we could try there, and she called and made all the arrangements for a couple of settling in sessions and then DS could go on his own.
I took him and he loved it. He was quiet and mostly ignored everyone but did his own version of playing.. he sat at the little table and drank milk with the others and wondered around the little garden. He wasn’t clingy or upset except for one child was particularly noisy but he calmed down quickly.

The nursery manager tho, was very negative about having another Sen child (she had 2 out of the 8 kids there) and said they’d be tons of paperwork to do, and funding would take ages to come through, and by the time it did and she interviewed around hired a 1-1 (she was adamant DS would need a 1-1) it’d be April and wouldn’t he be better in a special school?😳

I said I thought he’d need an EHCP for that, and I wanted him to try mainstream first. I think she’s just trying to put me off the nursery so she doesn’t have to see to him.

She said he can continue to go an hour a week if I stay with him until half term, and then she’ll decide if we can carry on going an hour a week, but no more until she has another member of staff to see to him. Otherwise she’ll recommend we go elsewhere.

Am I wrong, but this does seem like discrimination against a child with a possible learning disability and probably ASD?

He had his appointment with community paediatrics last week and they said definitely ASD, but they’d like him in nursery for 3 months first before an official diagnosis is made.
Any ideas on what’s best to do? I would like DS to try nursery even just a few hours a week. I’m up with him for a few hours every night, and I’m exhausted and have no family round to help. DS is bored because he doesn’t know how to play properly and can’t entertain himself for longer than 10 minutes. He slams cupboard doors over and over and even though we go out every day, I feel it’s not enough for him and he needs more stimulation. Any ideas please?

OP posts:
overworkedrobot · 17/09/2021 19:46

Make a parental request for an EHCP, IPSEA have a model letter you can use. Most (probably all) LAs have some assessment places in specialist nurseries DC can attend whilst undergoing assessment.

Unfortunately, it probably isn't disability discrimination because the nursery probably have reasonable grounds due to not having the necessary resources to meet the needs of 3 out of 9 DC needing significant 1:1. Organisations only have to make reasonable adjustments and a nursery that size with multiple DC with significant additional needs won't be able to finance 1:1 whilst waiting for funding. If you want to check you could contact IPSEA or SOSSEN.

I spoke to someone at the children’s centre about it and she recommended applying for SEN before he starts. It’s taken about 10 weeks so far, but she said it might take a lot longer because the board have only just started meeting up again and there’s a backlog, so we’re looking at December time before a decision is made.

Sorry I don't understand this part of your post. You don't apply for SEN? DC either have SEN or not. What takes 10 weeks? Do you mean early years high needs inclusion funding?

Monkeynutt · 17/09/2021 21:06

Hi overworkedrobot. Thanks for replying. I didn’t think I’d get anyone.. it was a long post😜
I’ve not hear of IPSEA or SOSSEN. I’ll look them up. Thank you.

Then nursery had 4 staff and 9 kids, 2 or 3 were Sen, and 1 little girl had a 1-1. I’m not sure if that helps.

I’m just gutted it’s the 3rd nursery I’ve tried. The children’s centre contacted them for me first and asked around and this nursery said they could fit my DS in, but when I went, it was a different story and all very negative. I wish they’d told the staff at the children’s centre if they felt they couldn’t have anymore Sen children.

The early years worker at the children’s centre made an application for Sen.. I’ve found a bit of the email. I’ll copy it below..

“SENDIP referral that was made for Early Years Inclusion Funding into the Early Years Specialist Teaching Service. The service agreed to me making a referral into their service despite (DS) not attending an early years setting at the time due to the difficulty we were having in finding a suitable placement for (DS)”

OP posts:
sevencontinents · 17/09/2021 22:32

Hi OP
I would be getting more advice if I were you. I disagree with the PP who said that the nursery are within their rights to refuse your son. I question whether he NEEDS a 1:1 as they are claiming. Based on what you describe, he is quite independent. I would be questioning whether their assumption about 1:1 is an excuse not to take him. I am sorry this has happened. I would suggest looking at nurseries attached to schools. As they are not private you might find it easier to fight any prejudice you encounter. Get some free advice from SENSOS. I wish you luck and I hope you find a provider that is willing to do right by your son xx

overworkedrobot · 17/09/2021 23:04

IPSEA and SOSSEN are charities that offer legal advice on SEN matters. I can see why the nursery don't feel they have the resources to meet DS's needs. You should apply for an EHCNA, and push for a specialist nursery place whilst being assessed.

SEN stands for special educational needs, so the children's centre has not made an application for SEN, but an application for SEN funding. DS has SEN. A important distinction when discussing it with others.

seven a child for whom the children's centre are involved with, an application for early years inclusion funding has been made for when he isn't even in a setting, who isn't talking, doesn't know how to play properly, has sensory difficulties clearly does need 1:1 even if not full time 1:1.

sevencontinents · 17/09/2021 23:11

Oveeworked - you have inferred these needs from the OPs post, but I have inferred that he can also be quite independent. I also know from experience that many providers will do what they can and find excuses not to take sen children. That is wrong and parents listen to what they say and take what they say at dace value, not realising that there is lots of discrimination out there.
Charities such as SOSSEN can give the OP proper advice based on her situation, rather than inferring whether he son needs q"1 from an Internet forum. I urge the OP to pursue this.

sevencontinents · 17/09/2021 23:11

1:1

overworkedrobot · 17/09/2021 23:24

Seven I haven't inferred anything - everything I stated has been explicitly posted in OPs posts. She explicitly stated DS isn't talking, doesn't know how to play properly, the children's centre are involved and have made an application for early years inclusion funding and got upset at the noise from another child.

Whilst discrimination does happen it is highly unlikely there is a disability discrimination case here due to it being highly unlikely to be considered reasonable to ask such a small nursery with limited staff to provide the level of care necessary. And beside a disability discrimination claim isn't going to be a quick solution to get DS a nursery space.

lillylemons · 17/09/2021 23:28

Do you have a portage worker for Ds? They have been a great source of help to our family our portage worker helped do all the paperwork for Ds ECHP assessment and she also helped get him into a nursery. She also helped me learn some sign language when I was struggling with it.

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