Yes I did mention the Data protection Act (following your template letter) but the clerk replied " the notes are exempt from disclosure under the Data Protection Act and freedom of information act and i cannot therefore, provide you with a copy".
I think it would be worth contacting the Information Commissioner's helpline (on 0303 123 1113 or 01625 545745, which is available between 9am and 5pm, Monday to Friday) to see whether they would be willing to pursue a complaint about this.
(There was a previous complaint about one of the consortium schools - not this one - and the Information Commissioner eventually ruled in favour of the parent.)
With regard to a possible complaint to the EFA - as I pointed out earlier, it will be very difficult to challenge the panel's judgement, when this is explicitly ruled out in the EFA guidelines. Moreover, the lack of a diagnosis is not given as a reason for refusal; the decision letter merely notes
the lack of a diagnosis. (I agree it begs the question 'Why did the panel think it worth noting?
' - but you can see how difficult this is going to be!) You might be on safer ground if you were to argue that the panel "noted the lack of a diagnosis", which suggests that they gave some weight to this point, but failed to take account of the fact that you are waiting for a paediatric appointment.
The decision letter claims that the panel took into account all the evidence presented, but they seem to have focused almost entirely on extenuating circumstances. The academic evidence is indeed recorded, but there is no indication at all of how compelling the panel found it. With a shortfall of just two marks, one might have thought that alternative academic evidence would merit very careful consideration!
Level 5 covers a wide range of ability, and if the panel wrongly assumed your son to be at 5c in Science, this will need looking into, although the question will inevitably be asked "Did you produce the evidence that he is working at 5a, and - if not - why not?
Hope this helps.