Right to reside primary carer of child in education

Arguing this route. Former worker and main carer of child In education. Does the child have to actually be in education or just of education age.
Child should have started school September 2017. The setpember after turned 4 in February 2017.
However he has severe special needs and is on waiting list for suitable school. Currently in a private nursery with free 15 hrs

CPAG Migrants Handbook 9th edition p.184 states “Caselaw has confirmed that the defintiion of “education” excludes nursery education” and points you towards CIS/3960/2007.

thanks paul - i knew it excluded nursery education - but thought maybe that just applies to 2, 3, and 4 year old.  just didnt know if it was different if they were school age but just didnt have a place.
long shot - clutching at straws
thanks

Check the decision and see whether there’s any room for manoeuvre perhaps?