If he did well then presumably it would work very well in his favour at appeal, as proof of ability
Agreed - it would help.
- but what if he did badly? WCC say we wouldn't have to use it as evidence but in all likelihood the appeals panel would ask WCC why they didn't do anything and they would say that they offered and he took a resit. At this point have we ruined our appeal chances?
Well, it wouldn't exactly help - especially if the rest of your academic evidence isn't too strong.
However, if you were to make clear that the EP report came too late, and that the LA is blameless, I'm not sure an appeal panel would normally press the LA to explain what arrangements they put in place. I've never before heard of a resit being arranged in such circumstances.
Of course, if the appeal panel is
aware that WCC make special arrangements in these circumstances, then they probably would ask - and I note you say that WCC are expecting to be questioned.
In your defence you would have to explain what a difficult decision you had to take, bearing in mind that children with aspergers tend to be upset by unplanned for changes in their routine.
If we don't take the resit then again the panel would probably know that we were offered and refused. Would that be held against us?
Not necessarily - but again, you would have to make the case for why you took the decision you did.
The real worry is that even though he is now entitled to an extra 10 minutes to address the learning difficulties this doesn't address all the Aspergers problems and it honestly might make no difference at all (I worry that on a bad day it would just give him another 10 minutes to stare at the distracting fly on the wall). Also he had been cosseted and mentally prepared for over a year to sit the 11+ and of course we couldn't do this for a resit which would have to happen in the next month or so.
I'm also very conscious that his school books are not going to be of great help in proving ability (all his teachers say he is MUCH more able than they are able to prove from the amount or work he produces) and due to various problems at school his SATs results are not going to be that great. From his KS1 SATs he should have been in target for high 5s but due to at least two terrible years at school (bullying, teacher who couldnt handle a kid with Aspergers, a year in which he had multiple class teachers etc) and their lack of reacting to his non- progress until Year 6 (panic mode!) , an unsupportive SENCO and a general refusal to spend any money on him at all, he will be lucky to hit low 5s in maths and writing although his literacy may reach 5a. The Head and his class teacher are however generally supportive of him as a child with GS ability.
You have lots of extenuating circumstances - but the main problem looks like being the alternative academic evidence. This could be an argument in favour of the resit (even though it's a gamble). It offers the possibility of some additional evidence.
How would an appeals panel view the various issues it would throw up.
I don't think it's possible to say categorically how any individual appeal panel would react. One panel might take a particular view - another panel might have a completely different view.