Zen, that's pretty much the same as the current situation, SA and SA+ aren't legally enforceable, its up to the school what the do or don't do.
Have you had a scan through the Green Paper to see how it might affect your ds?
School Action/Action + will be going and be replaced by something else, which I am currently too tired to read properly and understand. Statements are also changing, probably from 2014.
Am too ridiculously tired to work out the implications, good or bad, for most of it, but they are going to trial a lot of it over the next two years, so hopefully that might give you a clearer picture.
I did just find this though:
'We want parents to have a real choice of school in law and in practice. We have ensured through the Academies Act 2010 that mainstream Academies and Free Schools have the same obligations as maintained mainstream schools to accept children with a statement of SEN which names the school. And we intend to introduce legislation to ensure that parents of children with a statement of SEN or ?Education, Health and Care Plan? have equivalent rights to express a preference for any state-funded school ? whether that is a special school, mainstream school, Academy or Free School.'
So it does sound like if you can get a statement your ds should be ok.