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Finding Inclusive School Age and pre-school Childcare

This guide explains what childcare providers (such as nurseries, pre-schools, breakfast clubs, after‑school clubs and holiday provisions) are expected to do to be inclusive, and what steps you can take if your child is struggling in a childcare setting. 

There are legal duties that school-age childcare providers should adhere to; these are shaped by a range of legislation and regulations including: 

What does “inclusive childcare” mean? 

Inclusive childcare means that providers should: 

  • Treat every child as an individual, recognising that children have different needs, strengths and backgrounds. 
  • Aim to remove barriers that might prevent a child from fully taking part in the provision. 
  • Consider needs related to disability, special educational needs (SEND), medical needs, culture, religion, family background, communication needs and emotional wellbeing. 

Inclusive practice is not about a child having to “fit in” at any cost. Instead, it is about providers making reasonable changes so their provision works for your child. 

Key message for parents 

Inclusive childcare is not optional. Providers have clear responsibilities to: 

  • Include children with additional needs and disabilities 
  • Make reasonable adjustments 
  • Work in partnership with families 
  • Focus on what helps children feel safe, included and able to succeed 

Expand the boxes below to find more about what childcare providers are expected to do.

Wraparound childcare (breakfast and after school clubs) and holiday activity providers should align their policies and procedures to the SEND Code of Practice to meet each child or young person’s needs just as a school or early years setting should.

Any company running a breakfast or after school club based at a school should have been chosen carefully by the school and agreed to be inclusive. If your child is struggling to access the breakfast or after school club based in a school, speak to the school to ask what support they can give to help. This might be advising the club on what strategies work for your child in school or helping them to understand your child's needs better.

The Equality Act 2010 put a duty on all services to be inclusive and to make reasonable adjustments to ensure any person with a disability can access the services they provide.

Useful guide to choosing an after school club for your child with SEND.

Wraparound childcare (breakfast and after school clubs) and holiday activity providers should align their policies and procedures to the SEND Code of Practice to meet each child or young person’s needs just as a school or early years setting should.

Any company running a breakfast or after school club based at a school should have been chosen carefully by the school and agreed to be inclusive. If your child is struggling to access the breakfast or after school club based in a school, speak to the school to ask what support they can give to help. This might be advising the club on what strategies work for your child in school or helping them to understand your child's needs better.

The Equality Act 2010 put a duty on all services to be inclusive and to make reasonable adjustments to ensure any person with a disability can access the services they provide.

Useful guide to choosing an after school club for your child with SEND.

All childcare providers are expected to: 

  • Ensure their setting is inclusive and accessible.
  • Consider the needs of all children, including those with SEND or additional needs (no EHCP needed for this duty)
  • Plan their provision so that children are not excluded because of disability or difference.

All childcare providers are expected to: 

  • Ensure their setting is inclusive and accessible.
  • Consider the needs of all children, including those with SEND or additional needs (no EHCP needed for this duty)
  • Plan their provision so that children are not excluded because of disability or difference.

Providers are expected to follow a person‑centred approach, which means they should: 

  • Focus on your child as an individual, not just their difficulties. 
  • Recognise and build on your child’s strengths and interests. 
  • Involve children and families in decisions about support. 
  • Focus on outcomes that help children feel safe, included and able to take part. 

Parents and carers should be treated as partners, not problems. 

Providers are expected to follow a person‑centred approach, which means they should: 

  • Focus on your child as an individual, not just their difficulties. 
  • Recognise and build on your child’s strengths and interests. 
  • Involve children and families in decisions about support. 
  • Focus on outcomes that help children feel safe, included and able to take part. 

Parents and carers should be treated as partners, not problems. 

To support a child effectively, providers should try to understand your child’s needs. This may include: 

  • Asking about support needs on registration forms. 
  • Meeting with parents or carers to discuss what helps and what is challenging. 
  • With parental consent, speaking to the school about how the child is supported during the day. 
  • Asking the child directly what they find helpful, where appropriate. 

Listening to the child’s voice can be one of the most effective ways of getting support right. 

To support a child effectively, providers should try to understand your child’s needs. This may include: 

  • Asking about support needs on registration forms. 
  • Meeting with parents or carers to discuss what helps and what is challenging. 
  • With parental consent, speaking to the school about how the child is supported during the day. 
  • Asking the child directly what they find helpful, where appropriate. 

Listening to the child’s voice can be one of the most effective ways of getting support right. 

Provision should be planned so that children with medical needs can attend safely. Funding and resources can be used to: 

  • Train staff 
  • Buy equipment or resources 
  • Make changes that allow children with medical needs to take part fully 

Children should not be excluded simply because they need medication or medical support. 

Provision should be planned so that children with medical needs can attend safely. Funding and resources can be used to: 

  • Train staff 
  • Buy equipment or resources 
  • Make changes that allow children with medical needs to take part fully 

Children should not be excluded simply because they need medication or medical support. 

Under the Equality Act 2010, childcare providers must make reasonable adjustments so that disabled children can access their services.

Read the definition of disability used in the Equality Act 2010.

Importantly: 

  • Providers must not charge parents for reasonable adjustments. 
  • Adjustments should be made even if a child does not have a formal SEND diagnosis. 

Examples of reasonable adjustments may include: 

  • Different types of cutlery for mealtimes  
  • Adjustable equipment or furniture 
  • A range of resources for activities such as mark making and cutting, different types of pens, pencils and scissors 
  • Equipment to support sensory sensitivities, this might include ear defenders, fidget toys, weighted blankets and/or chew toys 
  • Adaptations to routines, for example arriving earlier or later or through a quieter entrance 

What is considered “reasonable” can vary, but providers must always consider what support is needed and what they can do to help a child access the provision. The provider will work in partnership with the school SEN lead through this process.

A childcare provider can only turn a child away or end a placement if it is a proportionate means to achieve a legitimate aim. 

Under the Equality Act 2010, childcare providers must make reasonable adjustments so that disabled children can access their services.

Read the definition of disability used in the Equality Act 2010.

Importantly: 

  • Providers must not charge parents for reasonable adjustments. 
  • Adjustments should be made even if a child does not have a formal SEND diagnosis. 

Examples of reasonable adjustments may include: 

  • Different types of cutlery for mealtimes  
  • Adjustable equipment or furniture 
  • A range of resources for activities such as mark making and cutting, different types of pens, pencils and scissors 
  • Equipment to support sensory sensitivities, this might include ear defenders, fidget toys, weighted blankets and/or chew toys 
  • Adaptations to routines, for example arriving earlier or later or through a quieter entrance 

What is considered “reasonable” can vary, but providers must always consider what support is needed and what they can do to help a child access the provision. The provider will work in partnership with the school SEN lead through this process.

A childcare provider can only turn a child away or end a placement if it is a proportionate means to achieve a legitimate aim. 

This is a legal phrase that explains when a childcare provider might be allowed to say no, even though they normally must include children with disabilities or SEN. 

In plain terms, it means all three of these things must be true: 

  1. There is a genuine and important reason 
    The provider must be trying to achieve something reasonable and lawful — for example, keeping children safe or meeting legal requirements. This is called a legitimate aim. 

  1. The decision is truly necessary 
    They must show that refusing a place, ending it, or limiting hours is really needed to deal with that issue — not just more convenient or cheaper. 

  1. It is fair and reasonable in the circumstances 
    The action taken must be the least extreme option. This is what “proportionate” means. 
    They should first look at whether the problem could be solved in a kinder or less restrictive way. 

What this means for parents 

A childcare provider cannot rely on this defence just because a child needs extra support. 

They must first: 

  • Try reasonable adjustments 

  • Explore additional support 

  • Look at alternative ways to include the child 

Only if nothing else would work, and the reason is serious and lawful, could they argue that refusing or ending a place is justified. 

This is a legal phrase that explains when a childcare provider might be allowed to say no, even though they normally must include children with disabilities or SEN. 

In plain terms, it means all three of these things must be true: 

  1. There is a genuine and important reason 
    The provider must be trying to achieve something reasonable and lawful — for example, keeping children safe or meeting legal requirements. This is called a legitimate aim. 

  1. The decision is truly necessary 
    They must show that refusing a place, ending it, or limiting hours is really needed to deal with that issue — not just more convenient or cheaper. 

  1. It is fair and reasonable in the circumstances 
    The action taken must be the least extreme option. This is what “proportionate” means. 
    They should first look at whether the problem could be solved in a kinder or less restrictive way. 

What this means for parents 

A childcare provider cannot rely on this defence just because a child needs extra support. 

They must first: 

  • Try reasonable adjustments 

  • Explore additional support 

  • Look at alternative ways to include the child 

Only if nothing else would work, and the reason is serious and lawful, could they argue that refusing or ending a place is justified. 

If your child is having difficulties when attending a childcare service, the following steps may help: 

1. Talk to the provider early 

  • Ask for a meeting with the childcare provider or setting leader. 
  • Share what you know about what your child finds difficult and what helps them. 
  • Ask how the setting currently supports inclusion. 

2. Ask about reasonable adjustments 

You can ask: 

  • What adjustments could be made to routines, environment or activities? 
  • How will staff support transitions, behaviour, anxiety or sensory needs? 
  • How will progress be reviewed? 

Providers should consider these requests seriously and explain what they can put in place. 

3. Encourage a collaborative approach 

  • Agree on strategies together with the provider. 
  • Keep communication open and review what is working. 
  • Share updates from school or other professionals if relevant (with consent). 

If your child is having difficulties when attending a childcare service, the following steps may help: 

1. Talk to the provider early 

  • Ask for a meeting with the childcare provider or setting leader. 
  • Share what you know about what your child finds difficult and what helps them. 
  • Ask how the setting currently supports inclusion. 

2. Ask about reasonable adjustments 

You can ask: 

  • What adjustments could be made to routines, environment or activities? 
  • How will staff support transitions, behaviour, anxiety or sensory needs? 
  • How will progress be reviewed? 

Providers should consider these requests seriously and explain what they can put in place. 

3. Encourage a collaborative approach 

  • Agree on strategies together with the provider. 
  • Keep communication open and review what is working. 
  • Share updates from school or other professionals if relevant (with consent). 

If you feel your child’s needs are not being met: 

  • Ask for concerns and decisions to be put in writing.
  • Ask for copies of any relevant polices the provider has
  • Check whether the provider understands their duties under the Equality Act.
  • Let your child's school know they are having difficulties in their childcare setting and ask them to help the provider
  • Check if the childcare provider has asked for assistance from the Services for Young Children Inclusion Team
  • Consider making a complaint using the settings complaint policy 

If you feel your child’s needs are not being met: 

  • Ask for concerns and decisions to be put in writing.
  • Ask for copies of any relevant polices the provider has
  • Check whether the provider understands their duties under the Equality Act.
  • Let your child's school know they are having difficulties in their childcare setting and ask them to help the provider
  • Check if the childcare provider has asked for assistance from the Services for Young Children Inclusion Team
  • Consider making a complaint using the settings complaint policy 

If you are struggling to find childcare, the first thing to do is check out our childcare directory and make sure you have contacted all the suitable providers on there. 

If you have made contacted with all the suitable providers and none are able to help you, here are some suggestions that may help: 

  • Consider a childminder instead of a before/after school or holiday club. We have many experienced childminders in Hampshire that have training in supporting children with SEND and can provide a relaxed environment with only a few children. 
  • Consider using two different childcare providers if one cannot offer all the childcare needed. For example, you might be able to have one childminder 2 days a week and another provider for the other days. 
  • Consider contacting your child’s school for help finding childcare in the school holidays or after school, in case a Learning Support Assistant (LSA) or other employee of the school who knows your child can provide this.  

If none of this works, fill in this form to let us know. 

Services for Young Children General Enquiry Form  

On receipt of this form, we will contact you and may complete the following actions with your permission: 

  • Contact your child's school and the Inclusion Support Service (if they are involved with your child) to learn how they are supported within school and to better understand your child’s needs. It might be that we can suggest training or support for a childcare provider to allow them to be able to meet your child’s needs based on this information.
  • Contact Ofsted registered childcare providers in your area with anonymised details of your child’s needs to see if they can meet your child’s needs with our support.
  • Contact nannies and childminders with an Ofsted registration who are not currently listed on the SEND Local Offer to ask them if they are able to meet your child’s needs.

We aim to help you find sustainable, suitable childcare.

If you are struggling to find childcare, the first thing to do is check out our childcare directory and make sure you have contacted all the suitable providers on there. 

If you have made contacted with all the suitable providers and none are able to help you, here are some suggestions that may help: 

  • Consider a childminder instead of a before/after school or holiday club. We have many experienced childminders in Hampshire that have training in supporting children with SEND and can provide a relaxed environment with only a few children. 
  • Consider using two different childcare providers if one cannot offer all the childcare needed. For example, you might be able to have one childminder 2 days a week and another provider for the other days. 
  • Consider contacting your child’s school for help finding childcare in the school holidays or after school, in case a Learning Support Assistant (LSA) or other employee of the school who knows your child can provide this.  

If none of this works, fill in this form to let us know. 

Services for Young Children General Enquiry Form  

On receipt of this form, we will contact you and may complete the following actions with your permission: 

  • Contact your child's school and the Inclusion Support Service (if they are involved with your child) to learn how they are supported within school and to better understand your child’s needs. It might be that we can suggest training or support for a childcare provider to allow them to be able to meet your child’s needs based on this information.
  • Contact Ofsted registered childcare providers in your area with anonymised details of your child’s needs to see if they can meet your child’s needs with our support.
  • Contact nannies and childminders with an Ofsted registration who are not currently listed on the SEND Local Offer to ask them if they are able to meet your child’s needs.

We aim to help you find sustainable, suitable childcare.

If there is no suitable childcare available, you have the ‘right to request’ that your child's school sets something up.

All parents in England have the right to request that the school their child attends, or is due to attend, consider setting up wraparound or holiday childcare if they do not already have it. You can initiate this process by making your request, in writing, to your child’s school.  

The right to request only applies to the school your child attends and does not include extra-curricular activities such as after-school sports clubs.  

If there is no suitable childcare available, you have the ‘right to request’ that your child's school sets something up.

All parents in England have the right to request that the school their child attends, or is due to attend, consider setting up wraparound or holiday childcare if they do not already have it. You can initiate this process by making your request, in writing, to your child’s school.  

The right to request only applies to the school your child attends and does not include extra-curricular activities such as after-school sports clubs.