Seeking Advice on Possible Discrimination at Nursery

[TwinkleTwinkle24]

Hi everyone,

I'm reaching out to see if anyone has had similar experiences or can offer advice on our current situation. My DC is non-verbal and is on the ASD pathway.

Lately, DC has been exhibiting behavioural problems at nursery, such as lashing out at other children and staff i.e. pushing, and pulling hair. These incidents are likely to occur when DC is tired, hungry, or reacting to sudden noises (babies crying), among other triggers. The nursery generally say it is "unprovoked". This behaviour has become more frequent lately, and we suspect it might be related to lower staffing ratios, although the nursery hasn’t provided us with any insights on why there’s been this sudden change.

The nursery has now said that if there are three incidents in one day, they will ask us to pick our DC up due to safeguarding concerns. While I understand the need for safeguarding, I’m worried this approach isn’t addressing the root of the problem. In fact, I fear it might reinforce the behaviour if my DC starts associating these actions with being sent home, which could become a pattern.

This situation is also affecting us as working parents, as we are required to pick our DC up within half an hour of being called, which is difficult given our work commitments and limited support from family.

Surely this approach cannot work for children with SEN needs. As parents, we can’t help but feel that our DC might be facing discrimination because of their disability. The nursery's approach doesn’t seem to account for DC's needs, and it feels like we’re being penalised for something that’s beyond our DC's control. DC cannot communicate and is unable to understand what is right and what is wrong.

Has anyone else dealt with a similar situation? How did you approach it, and what steps did you take to ensure your child was supported rather than excluded? Any advice or insights would be greatly appreciated.

Thank you in advance.

The nursery must make reasonable adjustments. What support have they been providing? What type of nursery is it? Have you read their policy to check it complies with the Equality Act and that they are following it? How old is DC?

If the nursery is struggling to meet DC’s needs and keep DC and everyone else safe, have they:
Requested advice from the area SENCO?
Requested an EHCNA?
Applied for early years inclusion funding (depending on DC’s age and where you live)?
Asked the specialist teaching service for advice (depending on DC’s age and where you live)?
Tried ear defenders?
Looked at ABC charts/a detailed diary to spot triggers?
Referred to the LA’s SN nursery/asked for outreach (depending on DC’s age and where you live)?
Looked at room placement (if they have more than one room)?

You say hunger is a trigger, is DC eating breakfast before attending? What is DC eating whilst at nursery?

What is DC’s sleep like at night? Is DC still having a nap at nursery?

Thank you for your reply.

It is daytime childcare on domestic premises, and they do not have any policies like that. They provide Personal Learning Plans which is scored and reviewed every couple of months. DC is 4 and a half years old.

We are awaiting a full EHCP as we have only been supplied the draft. I believe the local SENCO has been out once to the nursery, and that's all they've done. 3 hours of early years funding has been allocated which brings down the ratio slightly.

DC won't wear any defenders and I prefer not to use these either. There are 2 rooms including the kitchen and outside, but all is shared amongst the different ages.

DC usually eats well and always has food before starting nursery. DC doesn't always eat very well at nursery, and tends to snack.

DC generally sleeps very well at night, and not very often has naps any more.

DC tends to get upset if babies are crying and can trigger behaviour problems.

If DC is 4 and a half, are they starting reception?

What week of the EHCP process are you on? Is the LA sticking to the timescales? If you have the draft, have you made representations and named your preferred placement? Is the nursery your preferred placement?

Does the nursery not have a SEN/inclusion policy &/or behaviour policy?

Yes they will be starting school soon, but that is pending when suitable arrangements have been put in place.

We are over 27 weeks now and have named a school which isn't part of the nursery. I believed the plan wouldn't come in time for nursery, but hoped it would before starting school in September.

I haven't been made aware of any polices, but I have since found a generic Inclusion and SEND policy on the nursery's website. There is no mention about sending a child home after 3 incidents.

The LA is in breach of the statutory EHCP timescales. You need to send one of ISPEA’s model letter to the LA. If that doesn’t work you need a pre-action letter. SOSSEN can help with this free of charge but there is a wait so you might want 5o look elsewhere.

It is a good idea to read IPSEA and SOSSEN’s websites to learn about EHCPs.

DD can start school in September at the school you were allocated via the normal admissions procedure. Have you spoken to them?

Yes, they certainly are and it's something I'm trying to sort on a separate note.

DC has a place at a different school, which isn't the preferrred/named one. DC cannot start school without the provisions in place, hence staying on at nursery.

The school allocated via the normal admissions process can’t refuse to admit DC and they must make their best endeavours to meet DC’s SEN. It could be better than an unsupportive nursery who is sending DD home like this.