I don't know what to do

[mena78]

Basically DS is three next month. On ASD pathway and developmentally delayed. Non verbal, limited understanding.

No early years setting will take him because they can't meet his needs.

The LA have refused to assess for an EHCP because they say his needs can be met by an early years setting.

Is that it then? Is he locked out of preschool and then likely school? I can't see any options. Any advice welcome.

My dd3 is also the same, though she joined nursery at 18 months they suspected asd, but i got formally diagnosed at 2.5 yrs. Since then the nursery(private) has applied for additional funding by the la and has been awarded it.

What are his symptoms, that theyre not willing to support him? as dd settled well at nursery, is a poor eater, but just does her own thing. no sensory meltdowns etc.

Get the refusals in writing, get a copy of what’s been done by healthcare (ie he’s on the waiting list), request assessment from the LA for ehcp, attach all the above as evidence that he has needs.

Speak to your HV and explain your situation and ask for support finding what he needs.

Hi, my son has ASD, global development delay and PICA. At 3 he was pre-verbal and extremely limited understanding. He had been in a nursery from 10 months old when his challenges weren't known. We got to a point where nursery had to cut his hours as they couldn't meet his needs due to their staff ratios. We applied for an ECHP assessment and was initially declined. When I spoke to mediation there was no real timescales around when you could reapply so they advised me to keep reapplying around every 6 weeks after rejection. The only reason my son was able to be kept in nursery was because in the end we did get the EHCP so nursery got the funding to be able to have a 1:1 ratio with him.

I would say keep reapplying and adding the pressure on them. They don't make it easy but keep fighting for it

That's not a bad idea @Min133

I think I'll just keep reapplying and become a pain in the neck for them. The health visiting team say you can't reapply for six months, I'll do it anyway though.

The settings have said they will give me statements but so far have not and I'm not sure they ever intended to.

Thanks for the help

Mediation told me the 6 months rule didn't apply to refusal to asses. They said the 6 months was only if they agreed to assess, did the assessment and then said an EHCP wasn't required x

Ah that's interesting, glad I posted now, thank you 🙏

Appeal the refusal to assess. The majority of appeals are upheld. By all means make another EHCNA if you want, but you may still end up appealing a refusal after the next (or 3rd/4th/5th) request. Not appealing until more refusals could just delay DS getting an EHCP.

Alongside that, look at nurseries attached to state schools or standalone maintained nurseries if you have any of those. They can’t refuse to admit DS on the basis he has SEN. If they need more funding to provide support whilst you are going through the EHCP process, they can apply for early years inclusion funding - some LAs start this funding from 2, others from 3. Make sure you follow up any verbal conversations with emails setting out what was discussed so you have a paper trail as evidence.

It is also worth sending one or both of the model letters on this page to the nurseries and LA, respectively.

Is DS under SALT and Portage?

Do any of the local special schools run play groups? Some do. If any locally do, it is worth going along.

We were refused assessment and just resubmitted the next morning. It was many years ago though and ds was older and needed a ss, so their refusal was ridiculous. Try not to let it get to you. Just keep insisting till someone helps.

Ah you're always so helpful @EndlessLight , thanks for that link.

They can get the inclusion funding but say they can only spend it on resources not extra staff, and that he would need a 1-1. They aren't willing to wait for the EHCP process for that.

I will in future follow up all conversations by email, can't believe I didn't think of that.

He is on waiting lists for SALT and OT but apparently they don't do portage in this area.

The nurseries are confused about funding. They can get early years inclusion funding and that can be used for 1:1. They can also get Disability Access Funding if DS is in receipt of DLA. The latter is significantly less and could not be used to provide 1:1 - not least because it is only £615 per year.

I do think it's disgraceful, makes me want to give up and just home educate, I'll keep going though because he needs me to, so glad of Mumsnet

Thank you I did not know this

makes me want to give up and just home educate

This is what the LA wants. Personally, I wouldn’t. You may have to appeal, potentially more than once, but the support via an EHCP can be significantly more than what the vast majority of parents can afford to fund themselves.

I forgot to mention the Disability Access Funding is only for 3&4 year olds.

And even if you decide to EHE, it is useful to have the EHCP anyway in case you change your mind in the future. You never know how your circumstances may change.

Apologies if anyone has already said this but worth googling if there is a specialist SEN nursery in your area. Even if they can't offer DS a place right now, they are often very knowledgeable about support available or run short term interventions.

It’s exhausting but you have to (imo) just accept that the dickheads are making things worse with their daft and unhelpful nonsense and push through. We did HE for many years (y2-5, y8-10ish) and honestly I wouldn’t think it’s a disaster if you have to BUT there are things he will gain from school (particularly early primary) that you will really struggle to provide and ultimately he needs to be part of his community and primary school is a great way to meet people who he can know and be known by. HE is quite lonely, particularly for the main carer, and it’s also enormously expensive both financially and emotionally/time wise. It’s just admin (and anguish) keep going, make lists of what needs doing and compartmentalise your life so you have enough space to be happy.
Take lots of photos, because this is his childhood and you need to protect that experience for both of you.

Thanks so much, all of you 💛