Sophy - sorry, I saw this yesterday, but thought that someone better informed than me would be along first! I think you posted during the quiet teatime/bath/bed slot!
As far as I can see (having been given a place `at one heavily over-subscribed school outside our catchment on the SEN grounds i explained in our application lettere, but also failed at appeal stage for another school with the same and additional evidence from doctor etc!) there is still a lot of power in the governors decision making.
Have you given notice that you wish to appeal? Do that, and also put it in writing that whatever happens to your appeal, you would like to go on the waiting list for the school.
Does DS have a statement? Do you think you could get one? Because if he has a statement, you can name your school and they have to let you in!
To appeal, you need to show that your preferred school is the only one that can truly meet his needs, and you need a letter from your doctor, or whatever service diagnosed him as being on the SN register, explaining why the school is the best one for him - small school, particular ethos, anything you can think of that means that the school can meet his IEP.
Are you in a surestart area? You could ask your sure=start person for support, and also an organisation called 'parents for Inclusion'. I will try to find contacts for them later if ou can't find ref to them through Google.
Can I ask why you didn't mention it in the origiinal application?
The problem now is that they will have filled up the class - but they MY take an extra child if he is statemented, or you would shoot to the top of the waiting list. Lots of peple seem to move at this time of year, and there are manyy many stories on MN of people getting a place in their first choice school simply by sitting it out on the waiting list! (Batters, MotherInferior...).
Before you appeal, look up on the Dfes website for 'admissions criteria' and 'appeals procedures' - A MN-er very kindly sent me some downlloaded - i have poassed them on, but could see if i can get them back, and will happily send them to you if you CAT me.
Good luck!
Oh, also, it may be worth contacting the head of SEN, and Head of Inclusion in your new LEA and asking their advice. They may give you a 'case officer' to address DS being on the SN register.