Can nursery legally exclude my 4 yr old from trips as he's still in nappies?

Question

My son was born prematuely and has had a lot of developmental delays, along with some autistic tendancies. He's not been assessed officially but has been under the paediatrician since age 9 months. He's making good progress and coping quite well at nursery. I've offedred to go on school trips and on an ordinary day wait at the other end of the phone incase they need me to change him. I was a teacher for 18 years so appreciate the problems involved and would not dream of expecting anyone else to do this However he gets a lot out of these experiences and loves nursery generally

Answer 1

in the u.s. they can as it is an issue of a teacher having to leave the group to change your child's diaper.  this could mean that 1 teacher would have to be assigned just for your child.  highly unlikely that any center would do that (budget issues).  actually, i'm surprised that they would enroll a 4 year old that is still in diapers.

Answer 2

yes they can

Answer 3

If you are in the UK then they cannot exclude him. Also ratios for the trip should be one adult (either paid staff or CRB checked volunteers) to around two children, therefore there should be no problem with availability for someone to change him (as isn't that hard to change a child while another waits next to you). If there is someone who usually works with him in the nursery, there shouldn't be a problem with them changing him (discuss with the head first), as I have had to change a child's nappies (he is 5 with SEN) and also it is routine to change children if they have an accident.

Answer 4

sorry to tell all of you who believe you can discriminate against a child (regardless of special needs) for wearing a nappy - you can't.

It is illegal to discriminate against a child for wearing a nappy, if your pre-school (or even school) is still stopping any child from taking part in any activity or ordinary session because they still wear nappies I strongly recommmend you change your ways now. Ask you local or the main pre-school learning alliance or your early years department. It is not the child's fault they are still in nappies when they come to you why take it out on them. Yes it is troublesome changing procedures but with simple adjustments it can be done - ask for help if you don't know how to do it.

Oh and regardless of what your policies say - it is still discrimination and you will get charged with that if a parent wishes to take it legally. Lets face it if your policy stated you wished to only take English speaking children, do you think your policy would stand up in a court of law - I think not!

Answer 5

Unless there is a cituation of a child having special needs then he should not be in diapers.  I have taught nursery school for many years and children do not get promoted out of the 2 year old room until they are potty trained.  We make this very clear to the parents.  This policy is actually set becuase we take frequent trips with our 3 and 4 year old classes.  Field trips are stressful enough for teachers without the worry of having to leave a group of children with someone else to change a diaper and having a one on one for your child is too expensive unless the child has a speciall need (not beign potty trained is not considered special).  I would recomend either getting him potty trained quick or finding a day care that does not do field trips because they can legally exclude him from trips.

Answer 6

This situation really depends on your individual nursery. As far as my daycare is concerned, any parent that pays privately to attend the school has to comply with these kinds of rules or guidlines. However, parents whose childcare is paid for, even in part, by the government, are a different story. Since the they government is helping pay then we cannot exclude them from any school related activity.

What I don't understand is if you offer to attend the field trips with your child, then why do they have a problem. I've had plenty of late potty trainers (3+) in my classroom, and we often require that parents come with them on field trips. If you offer to come along and change him then they shouldn't have a problem including him on the trips. Its a shame that he's missing out on these great learning experiences.

Answer 7

Yes, they can if it is in their policy. Our club separates those under 3 and still in diapers and 3+ and potty trained.

Answer 8

Schools are stupid but if its on there policy yes but if not no I would get info and ask about it

Answer 9

If you're in the UK you can complain to Ofsted. They cannot exclude a child because of their special needs. You should be able to contact the Inclusion Officer from your local authority who will advise you. Why should he miss out on school trips because of a natural function? I can't believe that schools still do this.

Good luck and for his sake, don't take it lying down! Some schools will continue to try to get away with this, but in September the Early Years Foundation Stage becomes a statutory framework and they will be breaking the law if they exclude a child because of this!

Answer 10

sorry to tell you this, but i own a daycare, and i would not even enroll a 4 year old that was still in diapers (unless he was special needs). any child past the age of 3 has to be potty trained, or i don't accept them at all.

Answer 11

As many have said, here in the US most preschools won't accept a 4 year old in diapers.  I don't believe I've ever had a 4 year old in diapers in my center in all my years as director (since 1995).

We request the child at least be working with a pull-up.  If we get a "messy" one, we call parents to change them.  We are not set up for diaper changes (1/2 days preschool, 3's & 4's only), plus we do not want any child to have a "flashback" in 25 years and accuse us of anything inappropriate.

Answer 12

Is he still in nappies due to special Educational needs or is he in nappies because he hasnt been potty trained yet?

They can't exclude him for it either way.   if they do then they are not offering equal opportunities and you would have grounds to complain to OFSTED.  However I would speak to the manager of the nursery first before taking this route as it is drastic and can probably be dealt with amicably.

If it is due to SEN is he receiving funding so that he has a 1-1 worker?  If so there should be no ratio issue.  I think if it is a ratios issue then the sensible thing to do would be to offer to go along on the school trip too to deal with him when nappy changes arise!

If it is because you just haven potty trained him yet and there is no other reason then I think you should just get him potty trained ASAP there is no reason why a 4 year old with out any special needs should not be able to use a toilet by now!

Answer 13

If it is a written policy for that nursery, yes they can.  If it's not... you may be able to argue it but this really isn't a "legal" situation that you are going to get very far in.  

They should offer to allow you or a relative to join the trip if you wish for your child to attend.  That way any diapers that need to be changed will be done by a relative.  If they haven't, maybe you can consider offering this solution.

Let's consider this situation from the standpoint of the teachers.  On a field trip, there is many more aspects that need to be considered and keeping as many staff with the group is important for the safety of the children.  Not only may it be inconvenient to have to change a diaper in a public area...but it's also a safety issue because that teacher must leave the rest of the group to change this child's diaper.  I've not been involved with a Nursery/child care center that can afford hiring 1:1 aides, for a classroom or for a fieldtrip.  It's your responsibility as a parent.  I'm sure there will probably be volunteers on this trip...but they can not change your child's diaper...they can not be alone with your or anyone else's child and most do not have the "know-how" to handle large preschool groups, especially away from the classroom.  So the teachers can not leave the group in the hands of a volunteer.   Anything that happens is the center's responsibility.  They are just protecting themselves as well as the children/families...yours included.  

Please consider joining him on the field trip so he can participate.  :-)

Answer 14

That is hard for a teacher to deal with.  It is different at the nursery because they are all in one room.  I worked at a child care center with 3 year olds and out of the 16 children one of them had downs and when we went outside one teacher had to focus only on him and the other teacher was basically in charge of the other 15 children.  It is really hard to deal with 16 children on a field trip and if there is one that has special needs it is even more difficult.  My suggestion is if you want your child to go on the trip you should go with him.  That way he is not excluded.

Answer 15

mam, I don't beleive so, you might talk to the nursery about this, sincerely I don't believe a establishment would do that to any child, for the sake of that child! I'm sure they could up some kind of time-table for your child for this trip, all children are special and some need special considerations, and I'm sure if you were to speak to the head of the head nursery and explained that your child would love to go. I don't believe they could exclude him, but you might want to ask other people in authority or even a lawyer.

Answer 16

I can't believe they would do such a thing; surely it wouldn't hurt them to change a nappy or two...

If they can't; maybe they shouldn't be calling themselves a nursery...

Answer 17

Hi as someone has said it is ILLEGAL as it is discrimination...preschools/nurseries have to follow National Standards and Every Child Matters which both state children are to be included...and being in nappies doesnt change children rights to inclusion.

You need to speak to the manager and tell them that if they do not give you an adequate reason that you are happy with then you will contact OFSTED for advice...

www.ofsted.gov.uk the details are on the website for you to make a complaint or speak to someone.

Alternatively look up your local parent partnership-your county council website should have info on this as they can support you and speak to setting on your behalf!

Good luck!