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Pre school policies on excluding a child???

  • 16-02-2013 6:12pm
    #1
    Registered Users, Registered Users 2 Posts: 10


    Just looking for some advice. My 4 year old has been in a large purpose built crèche and pre school for nearly 3 years now. He has quite a significant speech delay and some behavioural problems which in our opinion stem from the frustration of not being able to communicate. When he moved into the Montessori room in September for his pre school year he didn't handle it too well at all. He has a very short attention span and doesn't do well with having to sit down classroom style and do 'work'. He very much likes up march to the beat of his own drum and doesn't like being told what to do. Anyway we spoke to the manager who told us that it was the hour or so of Montessori that he was finding particularly stressful and if we paid extra (already paying €701 per month for 3 days and that includes ecce!) anyway we agreed so he had an assistant with him for an hour every day. As far as everyone was concerned this seemed to really help matters. Anyway she finished up at Christmas as she was leaving or something so the manager said we'd see how he got along on his own for a few weeks then at least wed have something to compare. Anyway about 2 weeks ago she asked to see us and in a very long winded way and smothering us with kindness about how gorgeous and loveable our little boy was when not lashing out we were basically told that it wasn't working out. He was taking up all of one of his teachers time etc etc etc. this wasn't a surprise but then we were told that they didn't think it was the best place for him and could he finish up tomorrow!!!!!!!! We were so bomb shelled and we had got some bad news the previous evening about him that we just sort of accepted it and left!!
    He is with the early intervention team so I got on to him as to what the hell we could do and the pre school officer told us that we would most likely qualify for a pre school SNA, we just had up fill in a form and send it off. I went back to the pre school and said that great news looks like we can get him an sna for the three mornings Montessori times and would they be ok to take him back with help in the morning and cope with him on their own in the afternoon (we've always been told that during free play and especially outdoor times he is fine). I was told no they would only take him during hours of assistance which doesn't work for me work wise. I practically begged her saying that she knew how badly he reacted to change, moving him now would be so stressful to him, he loves it there, there's only a few months now til he starts school etc etc etc. still no!
    So then I had to start looking around for alternatives (all of which charge a lot less) but I can't get anywhere. The one lead we did have then wanted a guarantee of the sna but of course we now can't apply for one until we have a definite placement!!!! So I'm in a vicious circle with no way out!!! Have had to take the last two weeks off work.
    It just got me thinking that as far as I know if I had decided to take him out I had to give them notice so would the same vice versa not apply to me?? Should she have not have known wed be entitled to sna, told us to get one then see how he got on and if things were still the same in 30 days time then they'd have to exclude him. Just seems a bit unfair to kick us out with a days notice??
    Incidentally on his second last day when I went to pick him up he was after falling (or was pushed I think) down the slide and broke his front tooth. The Other tooth is now gone black!! He was in agony for days and now the dentist says if they haven't tightened back up in 3 weeks hell have to get a general anaesthetic to get them both removed!!!!! Who's gonna pay for that???!!!!
    Anyways sorry for the long rant but if anyone has any advice is appreciate it.

    Cheers


Comments

  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Preschool services are usually private and don't come under exclusion laws like state primaries and secondaries. They must provide a behaviour management policy.
    If your child lost a tooth and damaged another in the service you should have been asked to sign an accident report form on the incident.
    The school also sounds like it has tried to accommodate your child's special needs, by having an SNA in place. Unfortunately, sometimes children with special needs or challenging behavior can't be accommodated in a mainstream setting. Other children in the class also have to be considered and there may also be a lack of trained staff. I wasn't able to accommodate some children in my service due to limited resources for trained staff and possible difficulties for the other children.
    Bottom line, if I wasn't happy with a service I'd look elsewhere.


  • Registered Users, Registered Users 2 Posts: 10 eel27


    Surely it is only common courtesy to give more than one days notice!? He's been there 3 years like, why so sudden when he's only a few months to go?! We're in a situation now with no child care and we both work. Just seems really unfair.


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    I agree its not fair and quite rude. But preschools operate as independent entities, they aren't required by law or regulation to have a notice period or anything like it.


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    I work in a creche and i have to say OP I think the way you have been treated is discraseful , the school was well aware of the needs of your child and you were even paying out of your own pocket to have someone one on one with him , i would go back to the creche and speak to the owner again and tell them that they are discriminating against your child because of his special needs , also you should have got some sort of contract or parents handbook that wpuld include the policies and procedures of the creche , if you did then the exclusion policy should be in that,oh and i woukd definately ask for tge accident report for the accident wiith your sons tooth , they have to provide you with one and should have got you to sign it and gave you a copy on the day it happened


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »
    I work in a creche and i have to say OP I think the way you have been treated is discraseful , the school was well aware of the needs of your child and you were even paying out of your own pocket to have someone one on one with him , i would go back to the creche and speak to the owner again and tell them that they are discriminating against your child because of his special needs , also you should have got some sort of contract or parents handbook that wpuld include the policies and procedures of the creche , if you did then the exclusion policy should be in that
    Discrimination doesn't come into it, if the school can't accommodate the child, there's nothing it can do. Not being able to teach a child with special needs because of resource or staff issues is not discrimination, the school might be acting unfairly and in an inconvenient manner but it hasn't broken any laws. You can't badger a preschool into taking a child.


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  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    Discrimination doesn't come into it, if the school can't accommodate the child, there's nothing it can do. Not being able to teach a child with special needs because of resource or staff issues is not discrimination, the school might be acting unfairly and in an inconvenient manner but it hasn't broken any laws. You can't badger a preschool into taking a child.



    But the child was already in the playschool for 3 years , tye parents were asked to remove the child when the sna that the parents were paying for on top of the creche fees either left the position or was let go , how is that not discrimination ?


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 30,971 Mod ✭✭✭✭Insect Overlord


    Lovephones wrote: »
    But the child was already in the playschool for 3 years , tye parents were asked to remove the child when the sna that the parents were paying for on top of the creche fees either left the position or was let go , how is that not discrimination ?

    That's how.


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    Lovephones wrote: »
    But the child was already in the playschool for 3 years , tye parents were asked to remove the child when the sna that the parents were paying for on top of the creche fees either left the position or was let go , how is that not discrimination ?

    Because without the SNA the child is taking resources from other children, it is horrible for the OP, and I think after so long there it is very stressful for her and don't envy her position, but the pre-school cannot put any child's needs above others. If there is no one there qualified or spare for the child, it cannot be expected to let other children go without. It is absolutely horrible, but if there is no way they can facilitate the child, then they can't.


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »



    But the child was already in the playschool for 3 years , tye parents were asked to remove the child when the sna that the parents were paying for on top of the creche fees either left the position or was let go , how is that not discrimination ?
    Because there was no SNA in place and one teacher was required to deal with one child. That affects the legally required ratios of pupils to teachers and the education of all the other children. Just because a service has been dealing with a child for three years doesn't mean circumstances can't change, as in this case.
    We are also only getting one side of the story.


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones



    That's how.
    WOW .... I work in a community creche and its completely different as we would have children with special needs in the room and if an extra staff member was needed they would just be rostered in at no expense to the parents


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  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    Lovephones wrote: »
    WOW .... I work in a community creche and its completely different as we would have children with special needs in the room and if an extra staff member was needed they would just be rostered in at no expense to the parents

    There is the difference. Community creches are government funded, private ones are not. It is cruel in one respect, but the cost of one child's fee would not cover the extra staff members pay in private.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 30,971 Mod ✭✭✭✭Insect Overlord


    Lovephones wrote: »
    WOW .... I work in a community creche and its completely different as we would have children with special needs in the room and if an extra staff member was needed they would just be rostered in at no expense to the parents

    Where does the money come from for that?

    You still haven't explained how you came up with your definition of discrimination.


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »
    WOW .... I work in a community creche and its completely different as we would have children with special needs in the room and if an extra staff member was needed they would just be rostered in at no expense to the parents
    Community creches, with respect, ironically don't encounter the resource constraints of private operations. If there's no money for a non ratio required staff member, its impossible to just 'roster one in'. Where would the money come from?


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones



    Where does the money come from for that?

    You still haven't explained how you came up with your definition of discrimination.


    It comes from the fees , where i work is a non profit organisation and the fees are really reasonable , €175 per week from 8-6 including dinner and 3 snacks per day , and thats without any subvension
    I feel the child is being discriminated against as he has been in the creche for 3 years and they are highly aware of the needs of the child and the parents have been paying for an sna out of their own pocket and were not told in advance that the sna was leaving or even asked to wait until they recruited a new sna to deal with the child


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    Lovephones wrote: »
    It comes from the fees , where i work is a non profit organisation and the fees are really reasonable , €175 per week from 8-6 including dinner and 3 snacks per day , and thats without any subvension
    I feel the child is being discriminated against as he has been in the creche for 3 years and they are highly aware of the needs of the child and the parents have been paying for an sna out of their own pocket and were not told in advance that the sna was leaving or even asked to wait until they recruited a new sna to deal with the child

    It is wrong they were not given more notice, but that does not equate to discrimination.


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »


    It comes from the fees , where i work is a non profit organisation and the fees are really reasonable , €175 per week from 8-6 including dinner and 3 snacks per day , and thats without any subvension
    I feel the child is being discriminated against as he has been in the creche for 3 years and they are highly aware of the needs of the child and the parents have been paying for an sna out of their own pocket and were not told in advance that the sna was leaving or even asked to wait until they recruited a new sna to deal with the child
    If that's in Ireland, there is no way a service like that can break even offering those hours and meals for that rate. There's some sort of subvention in place for all community creches. Either the figures are wrong or the subvention isn't known by all staff.


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    Community creches, with respect, ironically don't encounter the resource constraints of private operations. If there's no money for a non ratio required staff member, its impossible to just 'roster one in'. Where would the money come from?
    I beg to differ but they most certainly do suffer the same resource restraints , we regularly have to fundraise to get new equipptment for the rooms and have often asked for donations of old toys from parents ,
    The parents were already paying for the sna so thats where the money for the extra staff member was coming from in the first place so if an exra staff member was needed to deal with the child the parent obviously would have paid for it as they already had been


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »
    I beg to differ but they most certainly do suffer the same resource restraints , we regularly have to fundraise to get new equipptment for the rooms and have often asked for donations of old toys from parents ,
    The parents were already paying for the sna so thats where the money for the extra staff member was coming from in the first place so if an exra staff member was needed to deal with the child the parent obviously would have paid for it as they already had been
    All community creches get a subvention. How can your service roster in an extra member of staff for one child at no cost?


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    If that's in Ireland, there is no way a service like that can break even offering those hours and meals for that rate. There's some sort of subvention in place for all community creches. Either the figures are wrong or the subvention isn't known by all staff.


    No , there are different rates depending on what type of so ial welfare payment you are on , the rate i gave is the maximum amount with no subvension ,some children in the creche are doing the same hours and are on a css place only pay half that amount , obviously we receive funding from the government but we are paid very low wages too , its not the type of job you do just to earn money , you have to have an interest in it


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    All community creches get a subvention. How can your service roster in an extra member of staff for one child at no cost?
    I suppose its because were community and cant discriminate against special needs that we can get an extra staff member in , we are actually doing it for a child one morning a week that requires one on one in the room and an extra staff member is being brought in on that morning to deal specifically with that child


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  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »


    No , there are different rates depending on what type of so ial welfare payment you are on , the rate i gave is the maximum amount with no subvension ,some children in the creche are doing the same hours and are on a css place only pay half that amount , obviously we receive funding from the government but we are paid very low wages too , its not the type of job you do just to earn money , you have to have an interest in it
    You said there was no subvention. But you receive government funding, which is a subvention. You can't compare a community creche in terms of costs and resources to a private operation which isn't able to rely on government subventions.


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »
    I suppose its because were community and cant discriminate against special needs that we can get an extra staff member in , we are actually doing it for a child one morning a week that requires one on one in the room and an extra staff member is being brought in on that morning to deal specifically with that child
    Your reference to discrimination is inappropriate here as its not a community service. There are massive differences in how private services operate compared to the one in which you work.


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    You said there was no subvention. But you receive government funding, which is a subvention. You can't compare a community creche in terms of costs and resources to a private operation which isn't able to rely on government subventions.
    No i said the fee i gave didnt include subvention ,there is cheaper rates but that is dependant of social welfare , medical card etc ... If a child was to come in and that particular child wasnt entitiled to any subvension eg. Both parent are worling full time and no medical card then the maximum raye they would pay is €175 per week


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    Your reference to discrimination is inappropriate here as its not a community service. There are massive differences in how private services operate compared to the one in which you work.
    I understand that too ,doent make it right though


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »
    No i said the fee i gave didnt include subvention ,there is cheaper rates but that is dependant of social welfare , medical card etc ... If a child was to come in and that particular child wasnt entitiled to any subvension eg. Both parent are worling full time and no medical card then the maximum raye they would pay is €175 per week
    Staff costs are covered by the government too. That's a massive cost saving, so of course fee structures are different. I don't think that's at all relevant to the service to which the op referred. You don't work in a private operation. The service, funding and staffing is different to what you're working within.


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Lovephones wrote: »
    I understand that too ,doent make it right though
    Why refer to discrimination if its not a relevant factor though?


  • Registered Users, Registered Users 2 Posts: 7,461 ✭✭✭Queen-Mise


    wolfpawnat wrote: »
    It is wrong they were not given more notice, but that does not equate to discrimination.

    I think it does actually. They have discriminated against the child on his intellectual and learning disability - if the child had no problem then he would be taken back ok (or he would never have been asked to leave in the first place).

    Even with the offer of the SNA - they have still refused him re-entry.

    OP - I would go to a solicitor and have a chat. And find out if there is a case, if so. Basically I would see could you force the creche to take your son back with a SNA until he starts school in the few months.

    It would be very strained relationship with the pre-school for the 6 months until he goes to school - but they would be exceptionally professional.

    What is Discrimination?

    Discrimination occurs if a person is treated less than favourably than another person is, has been, or would be treated under any of the nine grounds listed below. In the case of equal status, it also applies to someone who is treated less favourably because of associating with someone in the protected categories. Victimisation of a person because of his/her involvement in proceedings under the equality legislation is also covered.

    Discrimination is unlawful on nine different grounds

    Discrimination is now prohibited in relation to employment and access to goods, services and property on nine distinct grounds:

    Gender
    Civil status
    Family status
    Sexual orientation
    Religious belief
    Age
    Disability
    Race colour, nationality, ethnic or national origins
    Membership of the Traveller community

    The above quote come from the Equality Tribunal. Basically your child has been treated less favourably because of his disability => discrimination.

    Talk to a solicitor and go from there.


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    Staff costs are covered by the government too. That's a massive cost saving, so of course fee structures are different. I don't think that's at all relevant to the service to which the op referred. You don't work in a private operation. The service, funding and staffing is different to what you're working within.
    I agree with you there but the child has been in tge service for 3 years and was already paying for the sna out of their own pocket so why did they exclude the child when the sna left and not just pay another staff member to be in the room with the child one on one ?


  • Registered Users, Registered Users 2 Posts: 10 eel27


    The thing is though we were pretty sure that we were going to be able to get an sna for him up to 12 o'clock every day. We were told that was the stressful time for him but he was fine in the afternoon when it's all free play and out door activities. There's no way he needs an sna at that time. It's just to help him concentrate and carry out his work in the mornings. It's not for toileting needs or anything like that.
    The main issue here is the notice time we got (or didn't get!)


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  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    eel27 wrote: »
    The thing is though we were pretty sure that we were going to be able to get an sna for him up to 12 o'clock every day. We were told that was the stressful time for him but he was fine in the afternoon when it's all free play and out door activities. There's no way he needs an sna at that time. It's just to help him concentrate and carry out his work in the mornings. It's not for toileting needs or anything like that.
    The main issue here is the notice time we got (or didn't get!)
    That should be coveted in the contract you signed with the creche , there should have been a minimum notice period in it which applies to boyh sides , also there should be an exclusion policy in there too , i would not leave ot at that though , i would go and speak to a solicitor


  • Registered Users, Registered Users 2 Posts: 12,644 ✭✭✭✭lazygal


    Queen-Mise wrote: »

    I think it does actually. They have discriminated against the child on his intellectual and learning disability - if the child had no problem then he would be taken back ok (or he would never have been asked to leave in the first place).

    Even with the offer of the SNA - they have still refused him re-entry.

    OP - I would go to a solicitor and have a chat. And find out if there is a case, if so. Basically I would see could you force the creche to take your son back with a SNA until he starts school in the few months.

    It would be very strained relationship with the pre-school for the 6 months until he goes to school - but they would be exceptionally professional.




    The above quote come from the Equality Tribunal. Basically your child has been treated less favourably because of his disability => discrimination.

    Talk to a solicitor and go from there.
    If there's a gap between the granting of sna support the child doesn't have to be accommodated if the service cannot afford it or it affects the care of other pupils by meaning one staff member isn't part of the ratio due to caring for one child. I had a parent claim discrimination because I couldn't take her son with aspergers syndrome as there was no sna sanctioned and I didn't have the staff capacity or training to take him. The childcare committee and HSE confirmed I was not obliged to facilitate the request and it was not ,a case of discrimination.


  • Registered Users, Registered Users 2 Posts: 7,461 ✭✭✭Queen-Mise


    Lovephones wrote: »
    That should be coveted in the contract you signed with the creche , there should have been a minimum notice period in it which applies to boyh sides , also there should be an exclusion policy in there too , i would not leave ot at that though , i would go and speak to a solicitor

    I agree with this also - having dealt with creches; they will want to be paid up until the last minute the child is in the place & it is usually a month's notice too. A week would be too short for a private or public creche for notice given.



    Missus - this is going to be one of many, many fights you are going to have over your child. Fight like a dog now - as you will need it whilst your child is in full - time education. [I really wish and I regret that this is the case - but reality is what it is].


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    lazygal wrote: »
    If there's a gap between the granting of sna support the child doesn't have to be accommodated if the service cannot afford it or it affects the care of other pupils by meaning one staff member isn't part of the ratio due to caring for one child. I had a parent claim discrimination because I couldn't take her son with aspergers syndrome as there was no sna sanctioned and I didn't have the staff capacity or training to take him. The childcare committee and HSE confirmed I was not obliged to facilitate the request and it was not ,a case of discrimination.
    But the parents were willing to pay for a staff member at the time he reuqired one so as the ratios were correct , and had been paying for one , surely this constitutes an agreement between the parents and tge creche and would have become part of the contract ?


  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    Also the child was in the setting for 3 years so the creche was well aware of the childs needs , this was not a refusal to take the child from the outset like the exapmle you gave in the last post


  • Registered Users, Registered Users 2 Posts: 7,461 ✭✭✭Queen-Mise


    lazygal wrote: »
    If there's a gap between the granting of sna support the child doesn't have to be accommodated if the service cannot afford it or it affects the care of other pupils by meaning one staff member isn't part of the ratio due to caring for one child. I had a parent claim discrimination because I couldn't take her son with aspergers syndrome as there was no sna sanctioned and I didn't have the staff capacity or training to take him. The childcare committee and HSE confirmed I was not obliged to facilitate the request and it was not ,a case of discrimination.

    Your example is not the case here.

    The OP's child had an SNA until Xmas. With a mutual decision between parents and creche, they decided to see how the child would go on without an SNA after Xmas. It didn't work out.

    Rather than call parents in and say that - and ask parents to arrange for an SNA again before they took the child back. They refused the child entry even with an SNA. This is discrimination.


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  • Registered Users, Registered Users 2 Posts: 77 ✭✭Lovephones


    Queen-Mise wrote: »

    Your example is not the case here.

    The OP's child had an SNA until Xmas. With a mutual decision between parents and creche, they decided to see how the child would go on without an SNA after Xmas. It didn't work out.

    Rather than call parents in and say that - and ask parents to arrange for an SNA again before they took the child back. They refused the child entry even with an SNA. This is discrimination.
    Exactly !!!!


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    Queen-Mise wrote: »
    I think it does actually. They have discriminated against the child on his intellectual and learning disability - if the child had no problem then he would be taken back ok (or he would never have been asked to leave in the first place).

    Even with the offer of the SNA - they have still refused him re-entry.

    I would think there are insurance and other issues that would need a few days or so to organise as well. As I said, I don't think it is fair to the OP, but at the same time it is a business and it needs to out everyone's welfare into perspective. I would find it interesting to see exactly why they are refusing to take the child any longer. As another poster has said we are only getting one side (though I am not for one minute suggesting the OP is not telling the truth)

    With a special needs brother myself I understand what extra care they need and how much hassle it is for places taking them. I hope for the OP's child's sake, something is sorted.


  • Registered Users, Registered Users 2 Posts: 7,461 ✭✭✭Queen-Mise


    wolfpawnat wrote: »
    I would think there are insurance and other issues that would need a few days or so to organise as well. As I said, I don't think it is fair to the OP, but at the same time it is a business and it needs to out everyone's welfare into perspective. I would find it interesting to see exactly why they are refusing to take the child any longer. As another poster has said we are only getting one side (though I am not for one minute suggesting the OP is not telling the truth)

    the first piece I bolded is not an issue as the child was already in the creche for 3 years.

    The second piece bolded is the question though:cool:;)


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    Queen-Mise wrote: »
    the first piece I bolded is not an issue as the child was already in the creche for 3 years.

    The second piece bolded is the question though:cool:;)

    Well the insurance thing, I was referring to the new SNA, but as I said, I cannot see how that would not take 7-14 days tops, so is there more, hence my question, why are they not taking him the child now? I am not insinuating the OP is withholding info, but there is something not adding up somewhere be it on the OP's side, or just as likely, theirs!


  • Registered Users, Registered Users 2 Posts: 10 eel27


    I have no idea why they won't take him even with the sna in the mornings. That's another reason I am feeling so upset about it as I feel that they are not telling me everything or holding something back. I promise you I am not holding anything back here. He is a lovely little boy with quite a significant speech delay and is quite prone to tantrums etc when he doesn't get his own way. When he is not doing that he is extremely affectionate and loving child. It takes me half an hour to get him home in the evening as he has to kiss and hug absolutely everyone!!!
    The fall and broken tooth thing wasn't an issue, I know that these things happen and he's such a climber anyway. I signed the accident report form and there was no problem and there wouldn't be only now I'm feeling so hard done by that I feel like saying well f**k u here's his dental bills!!!we are not the type of people who go around suing people!! Far far from it.
    I am just so appalled and upset how three years of paying 700 a month for 3 days a week ends up like this!!!


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  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    eel27 wrote: »
    I have no idea why they won't take him even with the sna in the mornings. That's another reason I am feeling so upset about it as I feel that they are not telling me everything or holding something back. I promise you I am not holding anything back here. He is a lovely little boy with quite a significant speech delay and is quite prone to tantrums etc when he doesn't get his own way. When he is not doing that he is extremely affectionate and loving child. It takes me half an hour to get him home in the evening as he has to kiss and hug absolutely everyone!!!
    I am just so appalled and upset how three years of paying 700 a month for 3 days a week ends up like this!!!

    You have described every child under the sun there :D No, my son had very delayed speech, they get frustrated because they know what they want to communicate with you, they just can't. I know that feeling, thankfully after Speech Therapy we now have a radio that never shuts up from dawn til dusk, but Early Intervention teams, developmental specialists, everything, I feel for you OP. Also I have a special needs brother who has been through a lot that your son has gone through.

    As I said, why is it all of a sudden an issue? I cannot see why you paying for an SNA to be there should be a problem, I would understand if they said for 2 weeks he would have to stay away until the insurance covered the SNA or something, but that must not be the issue. So what is it they have issues with?


  • Registered Users, Registered Users 2 Posts: 2,644 ✭✭✭SerialComplaint


    lazygal wrote: »
    I had a parent claim discrimination because I couldn't take her son with aspergers syndrome as there was no sna sanctioned and I didn't have the staff capacity or training to take him. The childcare committee and HSE confirmed I was not obliged to facilitate the request and it was not ,a case of discrimination.

    The Childcare committee and the HSE have no competence in deciding whether discrimination occurred or not. The only body that decides whether discrimination occured is the Equality Tribunal - that is there statutory function.

    It is good that the HSE folks are able to give advice to creches etc in this situation. Good advice would also give a clear message about the limitations of the advice - that it is not legally binding, and that it doesn't come from an expert in equality.

    To go back to the OPs case, it does sound discriminatory to me. The provider should have had a backup plan in place after the first SNA left. If the child needed extra support, they should have been able to re-engage another SNA on the same terms as the first SNA. To put a child out with only a few days notice is unforgiveable, and almost certainly discriminatory.

    The bad news for the OP is that an Equality Tribunal case would take years to come to a conclusion. If the OP wants to set a precedent that will cover other such children in future, she could proceed with her case - but it won't be of much practical help to this case. There is a chance that it might persuade the provider to back down and find an alternative plan. On the other hand, it might get the provider's back up entirely.


  • Registered Users, Registered Users 2 Posts: 10 eel27


    Update......found a new pre school last week that could take him the days I needed. He went in thurs afternoon for a few hours, screamed the place down when we left. Then again on Tuesday, same agAin only worse!!! He was grand both times after about ten minutes. So today decided to try him a full day and to my delight he went in no problem and waved me off with not a care in the world!!! I was so happy and super proud!!! When I collected him they said he was good as gold all day!! No problems whatsoever!!! Oh and the icing on the cake!!!! It's nearly €400 a month cheaper!!! So it's all worked out in the end but I am still thinking of at least reporting the other place to someone (not sure who) because as far as I'm concerned and from any advice I've got they were 100% wrong what they did and they shouldn't get away with it Scott free.


  • Registered Users, Registered Users 2 Posts: 6,124 ✭✭✭wolfpawnat


    So glad that he settled well and I dare say that 400e will take a hell of a lot of pressure off you!

    Not sure who you go to regarding the other place. Since you were to fund the assistant, I cannot see what the hell their problem was, so yes, even having it formally noted would be a good idea.

    Best of luck xx


  • Registered Users, Registered Users 2 Posts: 7,461 ✭✭✭Queen-Mise


    eel27 wrote: »
    So it's all worked out in the end but I am still thinking of at least reporting the other place to someone (not sure who) because as far as I'm concerned and from any advice I've got they were 100% wrong what they did and they shouldn't get away with it Scott free.

    Definitely put in an official complaint - from here it seems to be the HSE that you complain to. They basically got rid of your kid because it was too much 'hassle' - nice loyalty after three years :rolleyes:


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