What should foster carers check before choosing a solicitor?

A suitable solicitor for a fostering matter should be properly regulated, experienced in the type of legal issue involved, independent from the other people or organisations connected with the matter, and able to give you clear written information about the service they will provide. Checking these points before making an appointment can help you avoid instructing someone whose expertise or role is not appropriate.

Check that the solicitor is authorised to practise. In England and Wales, you can check the solicitor or firm on the Solicitors Regulation Authority register. This confirms whether the firm is authorised and provides details of any restrictions or conditions that may affect its work. You should also check the firm’s complaints information and its professional indemnity arrangements. A solicitor should be willing to explain how concerns are dealt with if you believe the service has not been provided properly.

Match the solicitor’s legal specialism to the issue. Fostering can involve more than one area of law. Depending on the circumstances, you may need advice connected with a fostering agreement, an allegation, a review of approval, a child protection process, a dispute about contact, or a related family or public law matter. A solicitor who mainly handles unrelated work may not understand the procedures, professional relationships and timescales that apply to fostering. Ask which part of their practice would deal with your matter and whether another specialist would be more suitable if the issue develops.

Check whether the solicitor understands the difference between legal advice and professional guidance. Your fostering agency, supervising social worker and local authority may each have a role in explaining procedures or expectations. A solicitor’s role is to advise on your legal position, rights, duties and options. The solicitor should be able to separate these matters clearly rather than presenting general practice guidance as a legal requirement.

Consider independence and possible conflicts of interest. A solicitor may be unable to act if they already advise another person or organisation involved in the same matter, or if their previous work creates a conflict. This can arise where several household members need advice, where another party is represented by the same firm, or where the firm has a relationship with an agency or local authority. Ask the firm to carry out its conflict checks before confidential details are discussed. If more than one person needs advice, establish whether each person needs separate representation.

Find out who will make decisions about the case. Some firms use a team, with a solicitor supervising work carried out by other qualified staff or support workers. That arrangement can be appropriate, but you should know who is responsible for legal decisions, who will attend meetings or hearings if needed, and who will approve important correspondence. The name of the person handling day-to-day communication should be recorded in the engagement letter.

Read the client-care information before agreeing to proceed. The written terms should identify the client, describe the scope of the work, explain any limits on the retainer and set out how instructions will be confirmed. Look for information about likely stages, the documents the solicitor may prepare, circumstances in which the work may need to be extended, and how the firm will communicate with you. If the document uses unfamiliar legal terms, ask for an explanation before signing it.

Ask how urgent or changing developments will be dealt with. Fostering-related matters can change when a meeting, allegation, review or decision is introduced. The solicitor should explain how you should notify them of new information and whether a new issue would fall within the original instructions. This prevents you from assuming that advice on one aspect automatically covers every later development.

Check practical accessibility. A solicitor may be legally suitable but difficult for you to use if communication arrangements do not work. Discuss whether you need information in a different format, an interpreter, reasonable adjustments, or support to understand technical documents. You should also consider whether meetings can take place in a way that is practical for your household and whether the solicitor can communicate appropriately when children or other vulnerable people are involved.

Look for careful, balanced advice rather than guaranteed results. No responsible solicitor should promise a particular outcome before reviewing the evidence and understanding the procedure. Good advice should identify the strengths and weaknesses of your position, the possible consequences of each option, and any information that still needs to be obtained. Be cautious if someone dismisses the views of social workers or other professionals without examining the relevant records, or encourages immediate action without explaining the purpose and risks.

Before instructing the solicitor, make a short checklist:

• Is the solicitor or firm authorised to practise?
• Does the relevant team handle fostering, family or public law matters?
• Have potential conflicts of interest been considered?
• Who is responsible for the legal work and who supervises it?
• Does the client-care letter clearly define the service?
• Can the firm provide communication and accessibility arrangements that suit you?
• Has the solicitor explained what may happen if the matter changes?
• Does the advice identify options and risks without promising a fixed result?

Keep the firm’s written information, engagement letter and any notes of your initial discussion. If the solicitor cannot answer basic questions about regulation, independence, responsibility or the scope of the work, consider obtaining advice from another suitably regulated solicitor before making a decision.