No transport to nursery

[HHH3]

I'm going to be calling SENDIASS tomorrow hopefully to get some advice but thought I'd ask here too...

DS2 is 3 and has (among other things) quite a severe speech disorder. His SALT put him forward for a place at a nursery which offers S&L support to start this September. I found out on Friday that he's been given a place. It's an amazing opportunity for him. There are only 10 places for the whole county so he's been very lucky.

Here's my problem...it's approx 20-30mins by car, some of which is on the motorway, in good traffic. As he'll be starting at 9 every morning (no option for afternoons) we'll be travelling in rush hour so it'll take considerably longer. I will then have to wait around for 3hrs before taking him home again as a) I can't guarantee there won't be a problem on the motorway which will mean being late to pick him up and b) it'll cost double the petrol if I go home and then come back which I can't afford.

My other problem is that I have both physical and mental health problems and doing this every term time day for a year is going to push me to the limit. In fact, there are days when I may not even be able to drive so he'll have to miss nursery. I'm a lone parent so this really will be down to me every single day.

The nursery have said that the LA used to provide transport but they stopped doing it a few years ago and now don't offer any for non statutory education. Does anyone know if they're allowed to do that (quite aside from the fact that if I didn't drive he'd be excluded from the opportunity completely - it's not a simple journey by public transport and not one I could manage)? Is there any way I could question that?

I did start a thread about whether I'd want him to go on transport when I thought it was available. But now he's been offered a place and the reality is starting to sink in I'm starting to realise just how difficult this is going to be.

Am I right in thinking he doesn't have an EHC Plan? Is he having an EHC needs assessment? Ideally you need an EHCP naming the nursery in section I. The LA will then have a duty to ensure that he receives the support set out in the EHCP including the nursery provision and if you basically dig your heels in and say it isn't going to happen unless they provide transport, you should be in quite a strong position legally. Without an EHCP you can still argue that he is entitled to SEN support which he won't get unless he can access this nursery, but it's a more difficult argument to win.

Sorry, should have put that in the op. No, no EHCP. I've just sent the application in so they've got til 5th July to decide whether or not to assess. This offer came after I got the letter acknowledging the application so I've emailed to let them know.

If they agree to assess and the agree to a plan he'll have already started at the nursery by that point. Will it make a difference if I'm already taking him each day?

And on the subject of EHCPs (because I have no clue to be perfectly honest), will they name a nursery then have to update it to name a school for next September?

If he's started at the nursery that should help to persuade them that they should name that in the EHCP. If you start taking him, I don't think that will prevent you from saying at a later stage that you just can't continue.

Would he be moving in September 2017? If so, they would have to amend the EHCP to name the school by mid February.

Thank-you - that's really helpful.

Yes, he'd be moving to s different setting in sept 17 to start reception (no idea where's going to work for him yet). The EHCP, if he gets it, should be finalised in October (I'm aware that what should happen and what actually happens can be very different!) so it won't be long til it has to be amended!