Interestingly, the new Code of Practice makes no mention at all of mitigating circumstances.
..... the panel must only uphold the appeal if it is satisfied that there is evidence to demonstrate that the child is of the required academic standards
The previous Code said:
the panel should consider any factors which appellants contend may have affected the child’s performance (e.g. illness, bereavement); whether the family made the admission authority aware of these before they sat the test; and whether it offered alternative testing arrangements or made reasonable adjustments (e.g. in the case of children with disabilities). The panel may then need to consider any clear evidence presented by the appellants to support their claim that the child is of the required academic standard .....