How can foster carers prepare for a legal consultation?

Preparing well for a legal consultation means understanding the purpose of the appointment, confirming who the solicitor represents and organising the information needed to give accurate advice. A foster carer should also be ready to explain the practical impact of the issue, clarify what decisions need to be made and agree how the advice will be recorded and followed up.

Confirm the scope of the consultation

Before the appointment, check what the solicitor has been asked to advise on. Fostering matters can involve several different legal and professional arrangements, including the fostering agreement, a child’s placement, contact arrangements, allegations, a review of approval, or communication with the fostering agency and local authority. These matters may overlap, but the solicitor needs to know which issue is central so that the consultation is focused.

Ask whether the appointment is intended to provide general information, advice on a specific decision or assistance with an ongoing dispute. You should also establish whether the solicitor is advising you personally, you and your partner jointly, or another person involved in the matter. This is important because the solicitor’s duties and confidentiality arrangements depend on who the client is.

Check practical arrangements and costs

Find out what the solicitor needs from you before the appointment and whether there are any forms to complete. Confirm the consultation fee, how further work would be charged and whether you will receive written advice. If you are unsure who is responsible for legal costs, ask the solicitor to explain the position rather than assuming that advice or representation will be funded.

Where you are attending with a partner or another adult, check in advance whether that person can participate and whether the solicitor needs separate instructions from each of you. A solicitor may need to consider whether there is any conflict between the interests of people involved in the same fostering matter.

Prepare a clear factual account

During the consultation, distinguish between what you personally saw or heard, what someone else told you and what you believe may have happened. Avoid guessing where you do not know the answer. If an account contains an error, correct it promptly. Accuracy matters because legal advice is based on the facts provided, and an important omission can affect the options the solicitor identifies.

It can help to make a short list of the people involved, their roles and the decisions already taken. Include relevant dates only where they help explain the issue, and identify any formal meeting, review, allegation or proposed change that may affect your fostering role. Do not edit, delete or alter messages or other records connected with the matter. If information is disputed, say so clearly rather than presenting an uncertain point as fact.

Explain the effect on fostering

Tell the solicitor how the situation affects you, your household and the child or young person in placement. For example, explain whether you are being asked to agree to something, attend a meeting, respond to concerns, continue with a placement or make a decision about contact. The solicitor needs to understand both the legal issue and the practical decision you are facing.

Be open about any communication you have already had with your fostering agency, local authority, social worker or other professional. Legal advice does not replace safeguarding procedures or the professional responsibilities of those organisations. However, understanding what has been said and what action is expected can help the solicitor advise on how to respond appropriately.

Use the consultation to understand your options

Ask the solicitor to explain the relevant rules in plain language and how they apply to your circumstances. Useful points to clarify include:

• what rights, duties or responsibilities apply to you;
• which decisions are yours and which belong to the fostering agency or local authority;
• what options are available and the advantages and disadvantages of each;
• what risks could follow from accepting, challenging or delaying a decision;
• whether there are formal review, complaint or appeal routes;
• what information must be shared and with whom;
• what action should be taken next, and by what date; and
• whether further legal work is necessary or whether advice at the consultation is sufficient.

Do not be concerned about asking the solicitor to explain a term again. Foster carers may encounter language relating to public law, safeguarding, delegated authority or procedural fairness that has a specific meaning. Understanding the advice is more important than appearing familiar with legal terminology.

Make a record and confirm the next steps

At the end of the appointment, summarise your understanding of the advice and ask the solicitor to correct anything you have misunderstood. Establish whether advice will be sent in writing, who will take each action and what information must be provided next. If the solicitor recommends contacting the agency or attending a meeting, ask whether they should review any proposed response before it is sent.

Keep the solicitor’s advice with your fostering records and note any deadlines or appointments that follow from it. If circumstances change, or new information emerges, tell the solicitor rather than relying on advice given on an incomplete set of facts. Where a matter involves an immediate safeguarding concern, follow the relevant safeguarding instructions without waiting for a routine legal discussion, while informing the solicitor as soon as appropriate.