Non eu son of an Eea national stuck in Pakistan

[Scorpiosana]

Hi everyone
I hope someone can help me here
I'm the wife of an eea national living in uk excercising his treaty rights. We both have permanent residence cards issued.
One of our sons is a British national and the other one is not. Due to some factors we delayed in applying for any paperwork for him.
We had to urgently travel to Pakistan and so we made a Pakistani passport for him to travel on and our immigration solicitor told us to apply for an eea FP for him as soon as we land.
We were told that it would take 6 weeks so we planned ahead and booked the return tickets for after 6 weeks as both of them go to school.
6 weeks passed with no sign of permit and so my husband had to go back to the uk by himself.
Now 9 weeks have passed and still no sign. Son's school are getting worried and saying that he might lose his space.
I checked the gov website and the current processing time is 90-120 days
My question is, can I ask for the passport back and take my son to the uk without a family permit? I have all the relevant proof that he is the son of an eea national and can enter uk legally under free movement rights.
Will that be a silly move and is there a chance that they will send us back even though me and my elder son are eligible to enter? Only issue is the youngest who needs a permit.

I will be grateful for any help and guidance.

[CR001]

He will likely be unable to board the plane without evidence of a visa/FP to enter the UK.

[Scorpiosana]

Thank you for your reply.