Nursery reducing hours

[elmfield4]

Hi I was wondering if anyone had any advice in regards to nursery reducing my daughters hours.

My daughter currently attends 2 days a week 8-6. She receives 30 hours funding which we spread across the whole year and she always has funding for a 1-1 which she has the full day when she is there.

At drop off on Friday, the nursery SenCo came out to tell me that the nursery owner has decided that they can’t afford for my daughter to come 2 days a week anymore so she can only come 1 day with immediate affect.

Obviously I’m very unhappy with this as I’m in work the days she goes to nursery and can’t just suddenly change my days/hours. They’ve also turned round and said she can’t attend at all this week but can’t give me a real reason why. I’ve already paid the top up for this month but my daughter isn’t allowed to attend.

Are they allowed to do this?

Thanks

It depends on what type of nursery it is. Since DD attends year round is an independent nursery? Independent nurseries have to comply with the Equality Act and make reasonable adjustments but the statutory exclusion guidance doesn’t apply.

Who is providing the funding for the 1:1? Does DD have an EHCP? Is the nursery receiving early years inclusion funding?

Put everything in writing so you have a paper trail.

It's a private nursery that she has been attending for a year. She received the inclusion funding for the 1-1 in august so she has had the 1-1 since then. Her EHCP is currently in the draft stage.

We have a meeting with nursery today to see what's going to happen moving forward.

We had parents evening last week and none of this was mentioned then, just everyone saying how well DD is doing and how much she's progressed Etc.

If the early years inclusion funding is funding for 30hours 1:1 report the nursery to the LA for failing to use the funding as per the agreement. However, if the funding doesn’t cover 30 hours 1:1 push the LA to provide more.

What week are you on with the EHCP? Is the LA sticking to the timescales? Is full time 1:1 specified and quantified in the draft? Do you have a preferred placement?

I’m unsure as to it covering the 30 hours, I presumed it was due to them offering me 2 full days for DD. I will ask this at the meeting today.

We are on week 20 but I am aware that they are experiencing delays at the moment. It is stated 1-1 and small groups in a resource provision at mainstream and we have a named school for September.

Early years inclusion funding isn’t always funding for 30hrs 1:1 so do check that.

The timescales are set in law. The LA must finalise by week 20. Experiencing delays is not a lawful excuse not to comply. You need to email the Director of Children’s Services reminding them of their duty and threatening judicial review.

A school should not be named in a draft. Only in a finalised EHCP.

Is the 1:1 specified and quantified? With no vague or woolly language e.g. “would benefit from”, “access to”, “or equivalent”, “regular”, “opportunities for”? Is small group defined? Your definition of small will not be the same as the LA’s.

Hello,
I am sorry to hear this and unfortunately we had a similar experience. My daughter went from 3x5 hour days to 1 hour 2 days. This was with an EHCP secured. I went through every service I could and was told unfortunately they could do what they wanted as education isn’t statutory for under 5. Therefore the LA couldn’t insist they took her (they even sought legal advice on this) and we had a liaison with our LA EY team. Even quoting equalities act etc, they threw back safeguarding responsibilities and lack of staffing to keep her safe and that trumped every time. Even though she had a 1:1 there, if other staff were off she was redeployed into their ‘numbers’ and my daughter couldn’t go. We would get a phonecall 30 mins before leaving to tell us that.
In the end I went for a different placement dual between special and mainstream and split her hours 12/15 in each setting. She’s now getting 27 hours a week, every week, and is so happy. Best thing we did was to pursue this route with the LA. As you are in EHCP draft stage, you can name settings now. Have you explored sen placements? Good luck :)

Nursery may be below compulsory school age but parents have a statutory right to send their DC to school full time from the September following 4th birthday. And provision in EHCPs is statutory regardless of DC’s age.

Therefore the LA couldn’t insist they took her (they even sought legal advice on this)

This only applies to wholly independent settings, so doesn’t apply to all nurseries. Some nurseries can be forced to admit.

Even though she had a 1:1 there, if other staff were off she was redeployed into their ‘numbers’ and my daughter couldn’t go.

This would be unlawful if the 1:1 was specified and quantified in F.