Thank you for your replies. In answer to the question in what way is he gifted, his is extremely good at non-verbal reasoning, also his language skills are very good for his age.
The teachers are not wanting to differentiate the work, and so are making him do work that is well below his abilities in all subjects and he is getting bored and then becoming (mildly) disruptive. He is able to complete the work is brother brings home, his brother is 4 years older in the same school.
All they want for him is for the teacher to do some differentiated work for him. They are not looking for him to be put on the gifted and talented list, as it would appear the school don't recognise any need for these children to be treated in anyway differently anyway.
They have taken in work that he has done at home, and the school don't want to know. The teacher says "what do you want me to do" and when they say "give him work that is at the level at which he is able to work" the reply is "we don't do that". Ironically they "recognised" his older brother as gifted and talented, though that meant nothing at all in terms of how he was taught.
I wish we were all in a position to be able to help finacially to get the private assessment done. But also I am now wondering if even if we did get an assessment for him and it showed his educational needs, whether the school would even bother doing anything then.
If a school refuses to differentiate any child, would they even bother to change if an ed psyc report showed a need?