What happens after a foster carer instructs a solicitor?

Once a solicitor has been formally instructed, the matter moves from an initial discussion into an agreed legal working process. The solicitor will confirm what they have been asked to do, establish the relevant facts, assess any urgency and set out how they will advise or represent the foster carer.

The first practical step is usually to confirm the scope of the instruction. This may include identifying whether the solicitor is advising on a fostering agreement, an allegation, a review of approval, a dispute with an agency or another matter connected with fostering. If more than one issue is involved, the solicitor may separate them so that each can be considered properly.

The solicitor should also explain the basis on which they are acting. This commonly includes:

• who the client is, particularly where a couple or more than one household member is involved;
• what work is included within the instruction;
• who will deal with the matter and how communications will be managed;
• the likely costs, charging arrangements and any limits on the work;
• what information or documents are still needed; and
• any important dates, deadlines or risks that require early action.

Where a partner is also involved, the solicitor may need to decide whether both people can be represented together. This depends on whether their interests are aligned. If a conflict develops, separate advice may be necessary. A solicitor should explain this rather than assuming that one instruction automatically covers everyone affected.

The solicitor will then build a fuller factual picture. Foster carers should provide a clear timeline, distinguish what they personally observed from what they were told, and identify the people or organisations involved. Relevant material might include the fostering agreement, policies, meeting notes, emails, letters, placement records, review documents, complaints correspondence and any written account already provided. Documents should be supplied in their original form where possible, with the surrounding context included.

After reviewing the information, the solicitor may identify gaps, inconsistencies or points that need clarification. They may ask focused questions, request further records or suggest that the carer prepares a written chronology. This does not necessarily mean that the carer has done anything wrong; it is part of testing the facts before advice is given.

The advice should explain the legal position in practical terms. It may cover the strengths and weaknesses of the carer’s position, the powers or duties of the fostering agency or local authority, possible procedural errors, and the consequences of different choices. The solicitor should distinguish between:

• what the law requires;
• what an agency’s policy or fostering agreement says;
• what a professional body or decision-maker may take into account; and
• what is a sensible practical step, even where it is not legally compulsory.

Depending on the issue, the solicitor may recommend a measured response, a request for further information, attendance at a meeting, a written representation, use of an internal complaints process or another formal procedure. They may draft correspondence for the carer to approve or send it on the carer’s behalf. The carer should read any proposed statement carefully and correct errors or omissions before it is submitted.

Legal advice does not transfer responsibility for every decision to the solicitor. The carer remains responsible for giving accurate instructions and deciding whether to accept a recommendation, unless the solicitor has authority to take a specific step on their behalf. Advice can also change if new evidence emerges, so significant updates should be passed to the solicitor rather than dealt with separately.

Communication with the fostering agency or local authority may continue during the legal process. A solicitor can help a carer understand what can be shared, how to respond and when it may be appropriate for communications to go through the solicitor. However, legal representation does not remove safeguarding responsibilities or prevent an agency from carrying out its statutory or contractual functions.

Foster carers should keep a file of instructions, advice, correspondence and key dates. It is useful to record conversations soon afterwards, retain messages and avoid deleting potentially relevant material. Information about children should be handled carefully and shared only with people who need it for the matter. The solicitor can explain how confidential and legally privileged material should be treated.

The process may end with a single piece of advice, or it may continue through meetings, reviews, negotiations or formal proceedings. Before the solicitor takes further action, the carer should understand the proposed step, its purpose, its possible consequences and its likely cost. If the advice is unclear, it is appropriate to ask the solicitor to explain the recommendation in plain language and confirm what needs to happen next.

For foster carers in Birmingham, Worcestershire, Staffordshire and the wider West Midlands, independent legal advice can sit alongside the support provided by the fostering agency. The solicitor’s role is to provide legal guidance and protect the carer’s interests; the agency’s role remains focused on fostering practice, support and safeguarding. Keeping those roles distinct helps the carer make informed decisions throughout the matter.