Should my partner attend a legal consultation about fostering?
Yes, your partner should usually attend if you are fostering together or they will have a role in decisions affected by the legal advice. Their participation can help the solicitor understand your household’s circumstances and ensure you both understand the advice, while the solicitor may also speak to each of you separately where appropriate.
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Your partner should attend a legal consultation about fostering when you are applying or fostering as a couple, or when the advice may affect decisions you will make together. This gives the solicitor a clearer understanding of your household and allows each of you to hear the advice directly. Attendance does not automatically mean that both of you are clients, however, so the solicitor should clarify this at the start.
Before the consultation, ask the solicitor who they are formally advising. They may be instructed by one person, by both partners jointly, or in relation to a specific issue affecting the fostering household. This distinction matters because it determines who can receive confidential legal advice and what the solicitor can do if your interests are not identical.
- Joint advice: the solicitor advises both partners on the same matter. Both of you should receive the relevant information and understand that important communications may need to be shared between you.
- Advice to one partner: the solicitor advises only the named client. Your partner may be able to attend with permission, but they may not automatically be entitled to confidential information or legal documents.
- Separate advice: if your positions differ, or there is a possible conflict of interest, the solicitor may recommend that each of you obtains independent advice.
Confidentiality should be discussed openly, particularly if the consultation concerns an allegation, a complaint, a fostering agreement, a review of approval, or another sensitive matter. A partner’s presence can affect legal privilege if that person is not the client, so do not assume that everything said in front of them will be protected in the same way. The solicitor can explain whether your partner may remain for the whole meeting or whether part of the discussion should take place privately.
It may also be useful for your partner to attend if they are not the approved foster carer but will live in the household, provide regular care, transport a child, or be involved in safeguarding and day-to-day decisions. The solicitor can then distinguish between your legal responsibilities as foster carers and the practical role your partner may have. This is especially important where household arrangements, privacy, online communication, contact with birth family, or responses to concerns need to be understood consistently.
Attendance is not always necessary. Your partner may not need to join if the consultation relates solely to your personal legal position, they are not involved in fostering decisions, or the solicitor believes a private meeting is required. A partner should not attend simply to agree with everything said; the purpose is to make sure the advice is accurate, relevant and understood by the people affected by it.
To prepare, agree beforehand what you both want to ask and bring the relevant documents, such as correspondence from the fostering agency, the fostering agreement, panel or review information, and a written timeline of events. Avoid withholding information from the solicitor because it feels uncomfortable. Accurate advice depends on the solicitor having the full context, including any disagreement between you and your partner.
During the meeting, ask the solicitor to explain:
- who the client or clients are;
- whether advice given to one partner can be shared with the other;
- how confidentiality will operate if both partners attend;
- whether a conflict of interest could arise;
- what decisions require both partners’ involvement; and
- what practical steps should be taken after the consultation.
If your partner cannot attend, ask whether they can provide information in advance or have a separate conversation with the solicitor, subject to the solicitor’s duties to the client. After the appointment, write down the advice and agree which actions each of you will take. If anything remains unclear, ask the solicitor to confirm the point in writing rather than relying on an assumption about what was discussed.
A partner’s attendance is particularly useful when they have first-hand knowledge of the circumstances being discussed. They may be able to clarify household arrangements, dates, conversations or practical decisions that are not fully covered in the written records. Their contribution should be factual and specific, rather than based on assumptions about what the solicitor or fostering agency ought to do.
If the consultation concerns an allegation, complaint or disagreement, avoid preparing a shared account that leaves out differences between your recollections. Tell the solicitor where your accounts do not match and allow them to decide what information is legally relevant. This helps the advice reflect the actual circumstances and reduces the risk of important details being misunderstood.
Get guidance on involving your partner in a fostering legal consultation
If you are unsure how to involve your partner, speak to our fostering team before arranging the consultation so you can identify the questions and documents relevant to your circumstances.