Thank you all for your comments.
The oversubscription criterior said that children in care and children with a statement have 1st priority then social/medical needs, then siblings (of which there are none as this will be the first intake), then distance.
They declined my son a place as they said that the LEA did not forward the medical evidence on to them.
The LEA have sent me confirmation that the evidence was sent well in time.
The reasons I have used to appeal are because the school is taking its first year of yr 7 students this yr, my son will be in the oldest year, therefore he will not be bullied by older children, they have a ASD Unit, so they have specialist teachers on site at all times, they have a social worker as part of their inclusion team, for support with non-educational issues that are preventing a child from reaching their full potential. My son has few friends and they are going to this school, none are goin g to the school he has been allocated. I have heavily pushed on the mental health side as he has suffered from bullying in the past and his moods are very volatile.
He hasn't been statemented as his current school told me he is "not that bad"?! What ever that means? He has support in maths and english and often leaves the class through stress. The staff are very accepting at his primary school, but I am sure his secondary school will not be so understanding.
I have the hearing next friday and I am dreading it!