At the end of May 2026 the Department for Education [DfE] released copies of emails sent November 2024 between Hammersmith and Fulham and DfE regarding elective home education in response to a Freedom of Information request.
The conversation seems to have been prompted by something which Hammersmith says “would limit our interactions as to what would be acceptable to the DfE” in cases where the LA would normally start the School Attendance Order process if a family refused to meet the LA. Following Hammersmith’s preference, the conversation then switches to a video call.
From: Hammersmith offficial
Sent: 12 November 2024 15:34
To DfE Official, DfE Official
Subject: Elective Home Education query/advice
Dear []
Hope you are both well? I am emailing you both as have previously had communication with you both in relation to EHE and currently have a conundrum that I would appreciate advice on – I have been unable to locate a telephone number for either of you.
Please could you either call me on the number below or if you are no longer involved with EHE, possibly provide me with contact details for someone who could advise me?
Many thanks
Hammersmith official
Attendance (statutory), Child employment and children in entertainment, Elective home education, children missing education, permanent exclusions) – and School Admissions. Hammersmith & Fulham Council
From:DfE Official
Sent: 14 November 2024 08:43
Subject: RE: Elective Home Education query/advice
Hi []
Happy to confirm we’re still here and on EHE. Could you give an idea of what the issue is please and I can see about setting us up a conversation?
Thanks
DfE Official
Elective Home Education Non-school education, activities, and integration unit Department for Education
From Hammersmith official
Sent: 14 November 2024 19:06
To DfE Official
cc DfE Official
Subject: Elective Home Education query/advice
Thanks
The issue we are facing is one that emerges every few years in H&F [OUT OF SCOPE SECTION 40] particularly likely in cases where we are considering School Attendance Orders, as we do not accept written evidence/descriptions of provision alone, believing they are descriptive and no evidence of provision or its benefit to the child.
This approach was previously deemed acceptable and proportionate by colleagues at the DFE and has been supported by the courts when needed [SECTION 40] would limit our interactions as to what would be acceptable to the DfE.
I am not at work tomorrow but would appreciate any advice, either in writing or through discussion hopefully early next week.
Many thanks
Hammersmith official
Attendance (statutory), Child employment and children in entertainment, Elective home education, children missing education, permanent exclusions) – and School Admissions Hammersmith & Fulham Council
From DfE Official
Sent: 15 November 2024 15:57
Subject: RE: Elective Home Education query/advice
Hi []
Thanks for providing more detail. This is what the current Elective Home Education guidance says: “An authority should not dismiss information provided by parents simply because it is not in a particular form preferred by the authority on the other hand the information provided by parents should demonstrate that the education actually being provided is suitable“. This quote is from page 18, and there’s a bit more detail in the paragraph about what information provided by parents should demonstrate.
Happy to have a call if this is unclear at all.
Have a nice weekend.
Best wishes,
DfE Official
Elective Home Education Non-School Education, Activities, and Integration Unit Department for Education
From: Hammersmith
Sent: 18 November 2024 13:18
Subject: RE: Elective Home Education query/advice
Many thanks [] for your response – I promise I am very familiar with DfE EHE Guidance! [SECTION 40]
Our reading of the DfE guidance and understanding of primary legislation has led us to believe our policy and procedures to be reasonable and offer enough options to allow families who decline to meet, to be compliant. [SECTION 40]
I do realise we are all busy and suspect a discussion might save protracted emails.
Best wishes
Hammersmith official
Attendance (statutory), Child employment and children in entertainment, Elective home education, children missing education, permanent exclusions) – and School Admissions Hammersmith & Fulham Council
From DfE Official
Sent: 19 November 2024 09:26
To Hammersmith official; DfE Official
cc DfE Official
Subject: RE: Elective Home Education query/advice
Hi []
I’m free between 2:30 and 4PM today if you’d still like to chat? Otherwise, I have availability on Thursday/ Friday as well. But it’s worth saying that (to my knowledge), [SECTION 40] And apologies – I didn’t mean to suggest that you weren’t familiar with the guidance. What I’m getting at is that if H&F is complying with the departmental guidance then it should really be case closed. The DfE view is what’s outlined in the guidance and so that’s what we consistently point people towards when they ask for views on what is happening on the ground.
All the best,
Children Not in School & Elective Home Education Department for Education Non-School Education. Activities and lntegration Unit
Quick chat on EHE
Dfe Official, DfE Official
Required Hammersmith official
As the meeting organiser you do not need to respond to the meeting
19 November 2024 15.30 – 15.55 Microsoft Teams Meeting
Microsoft Teams
Join the meeting now
DfE Official
Background
The person making the Freedom of Information [FOI] request used the What Do They Know website. The FOI asked for correspondence related to School Attendance Orders dating back to 2023 and the page link is HERE.
FOIs are covered by the Freedom of Information Act 2000. The scope of FOIs has to be limited by eg dates or subject matter otherwise the request may exceed cost limits as explained by the Information Commissioner’s Office [ICO] Personal information must also be redacted, hence the SECTION 40 references.