Disability discrimination nursery

[SENDhelp107]

I have name changed for this.
Child goes to nursery 1, 30 hours gov funded. We had nothing but issues with them so have renoved child.
Enquired for new nurserys in the area. One has replied to say that 30 hrs are available in a nursery that is attached to a school.
Child has a medical condition and is also suspected adhd.
I have filled in the application form and submitted with all relevant information pertaining to childs needs both medically and socially/mentally.
I received a phone call from the ht of the school to say that they won't be offering child a place. Their reason being they do not have the staffing level to accept a SEN child. They already have 2 with sen and a 3rd wouldn't be fair to the staff or other kids. I told them this was clearly discrimination. And they've told me it isn't because of the reasons given. I asked, so a place is available for 30 hours, But not for a child with sen? And they said that is correct as they wouldn't get funding.
Child is due to start reception in sept. Their reasoning was that as child won't be attending their main school, they can't get any additional finding as it's too late in the year. Im not one to mince my words, so stated, ahh so its about the money. They then said no, it wasn't about the money, but then drivelled on for 10 minutes about the money and the need for it.

I've done quick searches and the send code of practice clearly states that a child shouldn't be discriminated against using their disability as a reason to deny education available over that of a non sen child. Yet here they are, doing just that.

I've contacted my mp. I've reached out to a sen advice service and I'm sure there's something else i should be doing but I'm not sure what.

Had anyone ever experienced this? I'm looking for First hand experience of how i should handle this.

[valensiwalensi]

Unfortunately it seems this is all too common and you are correct, they can’t do that. What happens when a child has additional needs that the parents aren’t aware of? They would just get on with it and find the funding to manage the headcount.

[1995SENNDMUM]

We had a SENCO at a nursery we visited say they had too many SEN kids and so couldn't take our son. In the end, we could have called the LA and told them that's what happened, but we didn't have it in us to force them to take him with that response; in the end, we chose another nursery that was happy to take him on.

What you could do is see if your council has a brokerage service, they help find a setting that can take your child, they may well call this school nursery and tell them that they can't deny taking them.

[Headfirstintothewild]

This is disability discrimination. Follow the school’s formal complaints process and also contact the LA. They won’t get additional funding this term, but that doesn’t excuse discriminatory behaviour.

Having said that, unless there were safety concerns, moving just for a term, especially with a child with additional needs, is a lot of change for DC.

Have you spoken to the primary school DC will be attending? If DC may need an EHCP, has an EHCNA request been made?

[SENDhelp107]

I have move from nursery 1 because after doing the best part of 2 years as 30 hours, the last term they slashed hours to 15 because of said disability. I don't feel that a nursery that will do that knowing that in sept they will have to adjyst to 30 hours again.
So it might only be for 1 term, but i don't think that was right to do. So i then enquired for new placements elsewhere. One got back to me to say, yes a ft place is available. I filled in the relevant forms and applied. Giving honest information that my child has disabilities, one of those being medical.
All was well until ht rang to say place is available but not for my child. And it wouldn't be fair to the staff to take on another sen child. What it boiled down to was money/ funding for sen provision. Not the 30 hour funding, they know that is available.
So had dc not been disabled, they had no issue for them to attend. The Headteacher used the words, we can't offer a disabled child a place unfortunately. This is openly admitting that they are choosing to discriminate but denying it is discrimination

[Jigglypuff87]

They done you a massive favour. You don't want your child near a nursery like this. I wouldn't waste my time with them any further, ultimately they can hide behind not being able to meet your childs needs which is legal. We both know they just didn't want to deal with a child with send but that's how the system is.

It doesn't get any better even if you have an ehcp. They can legally refuse to take any child if they feel they can't meet need or frankly don't want them. All the nursery has to say is they can't meet your child's needs. Nothing you can do about it. Our ehcp went out to 10 schools, all said no.

I've taken a school to tribunal for disability discrimination before. Absolutely nothing changed.

[Headfirstintothewild]

It doesn't get any better even if you have an ehcp. They can legally refuse to take any child if they feel they can't meet need or frankly don't want them. All the nursery has to say is they can't meet your child's needs. Nothing you can do about it. Our ehcp went out to 10 schools, all said no.

This only applies to wholly independent settings. For non-wholly independent placements, the LA must name the parents’ preferred placement unless the LA can prove:
-The setting is unsuitable for the age, ability, aptitude or special educational needs (“SEN”) of the child or young person; or
-The attendance of the child or young person would be incompatible with the provision of efficient education for others; or
-The attendance of the child or young person would be incompatible with the efficient use of resources.
The bar to do this is higher than many LAs and placements admit. If the LA can’t meet the threshold they can and must name the setting even if the placement objects. If the LA refuse, parents can appeal.

[Jigglypuff87]

You know as well as I do that's not how it works in practice.

[Headfirstintothewild]

As I posted, parents can appeal if the LA refuse. That is reality. SENDIST abides by the actual law, not the law the LA would like to apply. So, yes, there is something parents can do about it. Parents don’t have sit back and accept it.