Can nursery funding continue if no school place?

[Imbrokenow]

Hi, my dd is 4 and doesn’t have a school place for September. She has autism and we are waiting/appealing a Sen school place. We’ve been told tribunals can take a year+.

Does anyone know if we can keep her in nursery until she has a school place and be able to get her nursery funding? She’s currently getting the 15 hours gov funding. Thanks

Phase transfer appeals do not take a year. Where are you in the process? What, if anything, is named in section I of the EHCP? If nothing or only a type of placement is named, have you asked how the LA intends to fulfil its duty come September?

Early years funding is possible until the beginning of the term after the child’s 5th birthday.

However, if you make your own arrangements, the LA doesn’t have to provide the provision in the EHCP.

A mainstream school has been named, they have said it’s not safe for her there and had a face to face with the LA where they agreed she can’t go to mainstream, but all sen places are full so I’d have to wait a year for tribunal. LA did say they’d ask about continuing nursery funding but she had no idea if that was possible.

No, you don’t have to wait a year for Tribunal. Phase transfer appeals are prioritised. Have you already submitted an appeal? If not, do you still have the right of appeal because you need to act fast?

For non-wholly independent schools, being ‘full’ on its own is not enough of a reason to refuse your preference. The LA has to prove the school is so full placing DD there is incompatible with the provision of efficient education for others or efficient use of resources. There is a point LAs can do this, but the bar is higher than LAs and many schools admit. It has to be something tangible and specific and is more than an “adverse effect”, “impact on” or “prejudicial to”.

Did you follow up the meeting where the LA agrees DD can’t attend mainstream?

Email the LA asking how they intend to fulfil their duty under section 42 of the Children and Families Act 2014 to provide the provision detailed, specified and quantified in F since DD cannot attend mainstream.

Early years funding can continue. However, if you choose to make your own arrangements, the LA doesn’t have to provide the provision in F. If you want the LA to make nursery arrangements, you will need them to update the placement in the EHCP.