You don’t need a diagnosis for an EHCP. EHCPs are based on needs rather than diagnosis. Request an EHCNA yourself now. On their website, IPSEA has a model letter you can use. You will have more than enough evidence to demonstrate the test for an EHCNA is met.
In the meantime, the school should absolutely be providing support and making an ILP. A diagnosis is not required for that either.
Lack of staffing is not a valid reason.
to then say they don’t know if she can go full time now until she’s actually 5 in May.
the school just seem to want to pass the problem on while they are technically allowed until she’s 5.
The school is trying to pull a fast one.
If you want DD to attend full time, she can unless the school is formally suspending her. If DD is 5 next May, you have the choice to send DD part time until the start of the 27/28 academic year as this is when she is compulsory school age, or not at all until the beginning of the summer term, (as it is the start of the term when DC are CSA or the beginning of the summer term whichever comes first) but 2.17 of the School Admissions Code (which you can see here) makes it clear it is the parents’ choice:
“Admission authorities must provide for the admission of all children in the September following their fourth birthday. The authority must make it clear in their arrangements that where they have offered a child a place at a school:
a) that child is entitled to a full-time place in the September following their fourth birthday;
b) the child’s parents can defer the date their child is admitted to the school until later in the school year but not beyond the point at which they reach compulsory school age and not beyond the beginning of the final term of the school year for which it was made; and
c) where the parents wish, children may attend part-time until later in the school year but not beyond the point at which they reach compulsory school age.”
You may also find the school suspension and exclusion guidance helpful here. Most of it applies to those below compulsory school aged. Where it doesn’t, it explicitly says so as stated on page 6.
Some bits you particularly might find helpful are:
“19. Suspending a pupil for a short period of time, such as half a day, is permissible but the formal suspension process must still be followed. Each disciplinary suspension and permanent exclusion must be confirmed to the parents in writing with notice of the reasons for the suspension or permanent exclusion.”
Of particular interest may be:
“20. Any exclusion of a pupil, even for short periods, must be formally recorded. It would also be unlawful to exclude a pupil simply because they have SEN or a disability that the school feels it is unable to meet…An informal or unofficial exclusion, such as sending a pupil home ‘to cool off’, is unlawful when it does not follow the formal school exclusion process and regardless of whether it occurs with the agreement of parents.”
Put everything in writing. Follow up all verbal conversations with emails so you have a paper trail as evidence.