'Shame, it means it will not get tested in court'
Not really a shame, schools and LAs simply don't have the budget for this.
Then schools at least shouldn't take cold-blooded decisions to operate blatantly unlawful policies. So far as the LA is concerned, if they have any sense they'll take the line that they agree with the pupil and thus minimise their costs.
because the teachers will, I trust, pull their fingers out in order to keep standards up.
Yeah right, because this is all on the teachers.............
No-one suggests that this decision is all down to the teachers. However, to an extent they've had a relatively easy ride in A2 by having only the brightest pupils cherry-picked for them - they haven't had to deal with the C graders and think about why it is that grammar school pupils are achieving at that level or put in the effort to pull them up. And of course they have an equal duty to all their pupils, not just the brightest ones.