eh? What on earth is that about? Turning you down if you use bits of the code?
I can see our LA doing that tbh, because they use tribunal as a way of rationing provision, so if you quote the code they might drag you through the longhaul process of tribunal at every stage to save themselves a year or so of provision.
I'm not sure what the rules are but I don't think my DD would have a statement without her diagnosis. School did not look to gettting DD any extra help they were just taking a wait and see approach but on the day she received her diagnosis things moved pretty swiftly and 1:1 was in place for her start in reception. Anyway, it might be worth suggesting to the SENCO that you are thinking of applying for a statement yourself.
DS2 got his statement without a diagnosis. Not necessary. It's based on needs, not diagnosis. If you have one, obviously, always handy to put it in , but they're not going to shoot you down in flames for not having one yet.