Is this discrimination against my 3.5 year old

[TheClassicCollection]

Hi,

I have a 3.5 year old non verbal ASD child who is currently attending preschool 4 days a week. The preschool are only allowing the sessions to be 1 hour and 15 minutes.

Initially when she started she didn't cope well with the 3 hours. She had never been in a setting before and she because very dysregulated and upset.

Everyone decided it was best to reduce time and then to slowly increase.

That was September and after asking yesterday they have refused to increase even by 15 minutes.

First, she had to be regulated. Done, she achieved that weeks ago. No longer cries at all. No longer needs her aids (ear defenders or dummy - she actually gave the dummy up completely two weeks ago).

Then it was "well, let's see how she settles after half term". She settled well.

I asked again about increasing and the Preschool came back and said no they won't increase time as she wasn't exploring and was sticking to her safe space which unfortunately is in a blind spot and requires a member of staff to be with her. That's unfortunate but I understood.

This week she has started exploring. Great! So I asked if now it can be increased. They've come back and said she needs to be exploring more. Okay, I understand that.

Now they've come up with another issue which is "Group Time".
They want to introduce her to that to help with transition however Group Time starts 15 minutes after she leaves.
There is also no requirement for her to participate in Group Time so I don't actually thing there would be a problem there.

My issue is that she has over come everything they have but they still find something new to put off increasing her time even by 15 minutes.
And since they don't mention these problems until I ask about an increase it feels very much like it's excuses.

I've emailed the senco asking for defined set targets so I can see exactly what the preschool wants in order for her to get more time and so they can't keep adding more hurdles.

My issue is it feels very much like they are finding excuses not to have her there.
We have a private diagnosis of ASD and the Senco was well aware of this before she started yet failed to ready the staff.

We are in the process of EHCP NA. Senco has applied for funding. Higher needs funding isn't a thing in my county so no access to a 1 to 1.

Our Private speech therapist has been in to the preschool and noted that she won't need a 1 to 1 to which the staff agreed.

Can anyone offer advise? Are they allowed to deny her her funded hours on those bases? Are they allowed to keep adding issues without mentioning it to us first and making us aware?
If we hadn't have gotten a private diagnosis of ASD would they have been quick to implement these restrictions?

If you live in England, and I presume you do since you are undergoing the EHCNA process (where are you in the process, is the LA sticking to the statutory requirements?), Early Years Inclusion Funding does exist. It may be called something else, but it must exist.

Is this a private preschool or one attached to a state school? Private preschools have to abide by the Equality Act and make reasonable adjustments. State schools have to do that too, but there are also additional rules/guidance they have to follow/have regard to.

Some LAs have specialist early years assessment places for those going through or who need to go through the EHCP process. If your LA does, it is worth asking about that.

Are you sure DD doesn’t require 1:1 at least part of the time? To me, it sounds like she is going to need at least some. Does the independent SALT have experience of EHCPs and SENDIST?

Hi op, my four year old is similar, she has two mornings at 5 hours each. She has additional disability funding, sorry can’t remember what it is called, and pretty much 121. They do soft start with her where they play in a separate room before she goes into the big room. They have been really good with her. Nursery Senco’s are not great imho. I have had to be very directive and pretty much do all the forms and fill them in for her to send to get an ehcp.