DD 1-1 nursery support being withdrawn - any advice please?

[proudmum74]

Hi, DD is 27 mths with Down's. Her last assessment put her at between 12-15 mths behind NT in all key development areas.

She attends nursery part time and, at the moment, they provide her with an hour a day 1-1 care to focus on her IEPs. They dobthis at their own cost, as they have the availabke resource within her current room. She is due to move up to the next room in a few weeks time, in the hope that being with children her own age will encourage her development. I'm OK with the idea of trying this suggestion, but i am concerned that when she moves they have told us they will no longer able to provide 1-1 care, due to staffing numbers.

About a year ago, our then council Senco told us the nursery could apply for additional funding to help provide DD with additional support, but the nursery do not think DD will now qualify, given the council is currently cutting all funds and making half the EYP team redundant. They are going to apply and see what happens, but in the meantime i would really like to know what the options are. Does anyone have any experience of this please? In particular what support DD is entitled to receive and who I need to stalk to make sure she gets it?

Thanks in advance.

Hi proudmum, ds also has DS and has been at a private day nursery since around 7 months old. At around 2 yrs we were able to get funding for 1-1 through Aiming High and when he turned 3 his 1-1 hours were through the early years funding which we never had any problems with......apart from some endless form filling!

And whilst I believe being with his peers encouraged some areas of ds development, without the 1-1 support he would not be able to be fully included in the way that his peers were. For example some of ds IEP goals were linked to co-operative play, turn taking etc, none of which he could of done without any support. Left to his own agenda ds would not focus on an activity and quite happily play by himself in the sandpit all day. He needs someone to give him support and re-direction when needed. Even things like toilet training needed a lot more support than a typical 3 yr old ( and continues to)

We applied for statutory assessment just after his 3rd birthday on the advice of ds portage teacher. DS got his statement in July last year and has 15 hours of 1-1 support in place. This may be something to consider for your DD.

Hope this helps a little, ds raiding the fruit bowl....better make him some lunch!

Hi Sonora, that's really helpful, thanks!

Your DS sounds very much like my DD!

Unfortunately we no longer have portage, boundary issues, and our council Senco is on permanent sick leave, but I will speak to DD nursery Senco about this. Thanks again!

Hi Proudmum

Have you applied for a statement for your dd? It think it doesn't matter who is on sick leave as the council have to follow the proscribed timeframe for considering your application for an assessment of special educational needs. If they agree to the assessment they pull together reports/arrange for new assessments by professionals. then they say whether you will be given a statement or a note in lieu.

the IPSEA website has info on this. You can do it yourself if the nursery is at all reluctant to do so.

A statement will set out what support your dd will need and it is a legally binding document. The nursey will be given extra funding to provide the support.

Come back and check here every step of the way - I got great advice and ds has a pretty decent statement.

Hi my DS is also 27 months, delayed by approx 12 months in all areas and with a diagnosis of a genetic syndrome.
He goes to a private nursery two mornings a week.
He receives inclusion funding for his 1to 1 from the local council. We were warned about funding cuts etc but still applied. We went for the safety angle, my DS is walking but v wobbly, will fall if bumped into and has had a couple of accidents already. It also helps if your child's needs are classed as complex, covering several areas of development.
We didn't get all the funding we asked for (the max) but enough for his hours.
We have requested statutory assessment and are now awaiting the draft statement, hoping for full support.
Good luck, don't let them fob you off!

Unfortunately this type of scenario you describe will keep happening unless you secure your DD a Statement of special needs from the LEA in question.

Has anyone ever mentioned the word Statement to you?. Make such an application yourself; you know its been done then and you can appeal in the event the LEA say no. Nursery could also sit on such an application for ages without doing anything and time is of importance here. Statements too can also take around six months plus to set up.

Support on School Action/Early Years action plus can be too easily withdrawn or curtailed as it is not legally binding.

IPSEA's website has model letters you can use www.ipsea.org.uk

Hi All - thanks for all the advice!

At the moment it does seem v. confusing, as every professional I speak to gives a different answer. It's also not helped by the fact we live on the boundary of 2 councils, so are accessing help across 2 different councils (health from one, education from the other) and of course they don't like to speak to each other & constantly try to pass the responsibility to the other council!...

I've just been to a joint meeting with the nursery & SALT (council's EYIC did not bother to turn up).

I raised the question of statements and/or funding, but they both seemed to think she needs to be 3 before she can be statemented or they can access funds??? They have told me to talk to the EP from the other council (the one who will meet her educational needs) to see whether their policies are different. I'm also having a meeting with the nursery senco later on this week to discuss, as I told them I wasn't happy re: DD 1-1 care being pulled.

Thanks for the links, I'll have a look athe IPSEA website now so that I know what I'm talking about.

"I raised the question of statements and/or funding, but they both seemed to think she needs to be 3 before she can be statemented or they can access funds???"

No, not true at all. Do not be fobbed off. Your DD needs a statement and you are her best - and only - advocate here.

The council you deal with in regards to a statement application I believe is the one you are resident in. They will have to issue the statement. Funding concerns is not an issue you should get bogged down in; the LEA cannot and must not dodge their statutory responsibilities here.

Thanks Attila. I've just spoken to IPSEA who said pretty much the same thing.

I've downloaded the sample letter requesting the assessment and will send to my home council.

What supporting docs should I send when I request the 'long term assessment'?. I was going to include:

1. Medical letter confirming she has Downs
2. latest assessment from EYIC that shows she is 12-15 months behind on all milestones
3. Latest SALT report
4. Latest copy of nursery assessments vs. her IEPS
5. Letter from Nursery senco, stating what additional provisions they think she needs but are unable to supply

Is there anything else?

Within the letter I was going to state the reason for assessment as "change in care provided by the nursery, due to a room change and removal of 1-1 care. They are therefore no longer able to provide the necessary support my DD requires". Is that OK?

Thanks again.

Would send photocopies and not originals of all these documents.

If the LEA do agree to assess they will themselves ask for up to date reports from the SALT, nursery etc.

You can back up your own claim re the nursery by sending them the nursery's letter confirming they can no longer meet her current needs.

Do not send any original documents to them; always send photocopies. Are there any recent letters from hospital?. Those can be useful to include as well.

HTH and good luck!.

You will need to write to the Chief Education Officer at your LEA and give them six weeks to reply (note that date on your calendar).

OK, thanks.

The most recent letters we have from the hospital are:

1. Audiology - confirming she has moderate hearing loss (last month)
2. SALT - review of her communication skills (2 mths ago)
3. Paed. - seeing on Monday, so will have a letter from them by the end of next week
4. Physio - no longer get letters, as DD ability has not changed in the past year (i.e. can crawl, but still cannot stand or walk)

I wouldn't major on the withdrawal of the support of 1 hour per day 1to1 because it may be that more support and specifically more trained support is needed than that.

I would outline the areas she needs help with compared to the children without SEN- SALT, OT, Accessing play activities, physio etc, being kept safe, educational activities.

You should ask the SALT and Physio to set out what support she will need in the nursery setting (as opposed to at home) That should set out specifically what is needed - weekly/monthly or termly visits by SALT who will oversee a programme to be delivered by a trained nursery nurse.

You might also ask whether they will get an educational pyschologist and occupational therapist to assess her needs.

Have you looked around to see if there are any pre-schools that have a specialism in SEN? I'm thinking of mainstream nurseries with maybe a provision attached staffed by trained teachers etc. Children get to spend time with their peers but alos get access to specialist teaching, SALT etc. Can be a good option.

The LA have a legal duty to provide an appropriate education to meet SEN for all children whatever their age.
Get a copy of the SEN Code of Practice.
Apply for the Statement
Make the nursery apply for the funding in the meantime
You can also refuse to move your child to the next class until the support / funding (which is the LA's problem not yours) is in place
We kept DS in the under 3's class until he was 3 1/4 for the same reason
If your child is delayed then she is still in a suitable peer group - I am not sure why they think older children will move her on more than the ones the same developmental level - perhaps because they don't want to keep providing the 1:1
I would point out it is their own fault for not sorting the funding issues / advising you about statutory assessment sooner if they kick off.
All nurseries get SEN funding from the council - ask them how much they get and what they have spent it on - they are not funding it from their own resources - they will be getting money from the council for SEN for this purpose. They can then apply for more specific funding on top for a particular child.
Our LA only issue the extra funding twice a year so perhaps the nursery missed the time slot? But none of this is your problem. Funding is between the LA and the nursery. The legal duty is absolute - the law is clear lack of funds is not an excuse for not providing an appropriate education even for a 2 year old. Council cuts do not come into it. When councils have less money that have to protect money for things they have a statutory duty to provide (SEN) and cut the money from things they have no legal duty to provide (leisure centres, libraries, jubilee celebrations, flowers at roundabouts etc etc). Council don't like to do this as swimming pools and libraries are popular with voters and SEN votes don't count for much.
But thats the law - if they can afford everything they should cut the things they have no legal duty to provide first.
I would ask the SEN officer for the LA policy on pre school support funding to be sent to you when you apply for the statement. I would also ask the nursery for a copy of your DD file including any letters sent or funding applied for in her name.
Out of interest how do they intend to keep your DD safe in a class of boisterous pre schoolers when she cannot stand or walk with a reduced staff ratio? Ask them for a copy of their risk assessment for when she moves to the next room. If they have safety concerns (or you can persuade them there are concerns) they can put that on the funding form and that is a real help to getting a high level of 1:1 funding. e.g. risk of falling, choking, lack of awareness of danger etc etc

But I agree you may wish to look for another nursery - ones attached to schools will have more funding that ones in the private or voluntary sector.
This nursery's attitude and planning does not bode well.

My DS was statemented before 3 for full-time 1:1. You are not getting anything like what you are entitled to so please don't be made to feel grateful for the little they are doing - they are shortchanging your DD big time and they know this.

Is there a local DS parent group? Local knowledge on nurseries and schools is invaluable.

Agree with what Agnes said about not rushing to put dd up to next rm if not appropriate. DS mobility wasn't great as had only just started walking and tbh wasn't ready for the pre-school rm developmentally even with funding in place ( went up at 3.6) Ds was much more confident by the time he moved up and more than ready.

Also maybe worth looking on your council website to see if they still offer Aiming High Funding. It's to help children with disabilities access short breaks and other activities and for us meant accessing appropriately supported childcare. The statement will only cover term time and not school holidays. Ds had Aiming High funding last summer (also has for this summer) to help fund 1-1 for the 6 weeks school holidays.......not as many hours as early years or statement but enough to support him during the nursery day. I know many councils have stopped or cut back their Aiming High....was definitely harder to apply this time round.

I don't think in your case that it would be helpful to focus on being 12-15 months behind, because that doesn't sound like a huge issue. What you need to focus on is that she is at a developmental stage that is half that of her peers. To give the context, the developmental gap is that of an 8 year old being 4 years behind -do you see?

Forget what provision she has now. The fact is that she needs intensive support to even maintain current progress, Nevins trying to close the gap.

You need to forget any positive word you've ever heard, and make it easy for the Education officer to grant your DD the help she needs.

Our instinct is to sweeten the situation.You can't here. You must be clear that your DD will suffer long-.term if she is not helped now.

agree with agnes, lougle and others. They are fobbing you off with the arm wavey attitude that she will magically learn lots socially/linguistically from her peers and need less support.