What should I do if a solicitor’s advice differs from my agency’s guidance?

If a solicitor’s advice differs from your fostering agency’s guidance, pause before acting and establish whether the difference concerns the law, the agency’s policy, or professional judgement. A solicitor advises you on your legal position, while the agency is responsible for applying fostering requirements, assessing risk and managing your approval and fostering agreement. Neither view should be treated as automatically overriding the other without understanding the basis for it.

First, ask both sides to explain the disagreement. Request a clear explanation from the solicitor and the agency, preferably in writing. Ask them to identify:

• the specific issue on which their views differ;
• whether the advice is based on legislation, a court order, statutory guidance, agency policy or professional practice;
• which person or organisation has decision-making authority;
• what action is expected from you and by when; and
• what risks could arise if you follow one position rather than the other.

Fostering agencies may have procedures that go beyond the minimum legal requirements. For example, an agency may set expectations about recording incidents, sharing information, contact arrangements or notifying the fostering service about a change in circumstances. A solicitor may explain what the law permits, but may not know the agency’s internal procedures or the detail of your fostering agreement. Conversely, an agency’s usual practice cannot remove a legal right or require you to act unlawfully.

Check the documents that apply to your situation. Read the relevant parts of your fostering agreement, the agency’s policies, any written notice you have received, and any court order or directions connected with the child. Look for the exact wording rather than relying on a summary given during a telephone conversation. If the disagreement involves a court order, do not deliberately act contrary to it. Ask your solicitor urgently about the correct legal route for seeking clarification or a change.

You should also ask the solicitor to confirm the scope of their advice. A solicitor may be advising on a particular legal question, such as confidentiality, a complaint, an allegation, contact arrangements or a proposed change to your fostering agreement. Advice given for one issue may not answer a separate question about agency procedure or safeguarding. Confirm whether the solicitor has reviewed the relevant documents and whether their advice is based on current information.

Raise the matter with the appropriate agency manager. Start with the supervising social worker if they are involved, but ask for the issue to be considered by the fostering service manager or another appropriate decision-maker where necessary. Your supervising social worker may be able to explain the practical reason for the guidance, while a manager can confirm the agency’s formal position. Ask for the agency’s response to be recorded in writing, particularly if it affects an agreed arrangement, a review, a proposed placement or your fostering approval.

Keep the discussion factual and provide only the information needed to resolve the issue. A solicitor’s advice is generally confidential between the solicitor and their client. You do not normally have to hand over the entire advice letter simply because the agency disagrees with it. However, the agency may need to understand the relevant legal point, and you may choose to provide a summary or ask your solicitor to communicate with the agency. Ask your solicitor before sharing a privileged document or waiving confidentiality.

Consider a further independent opinion if the disagreement remains. A second solicitor with relevant experience in public law, children law or fostering-related matters may be able to identify whether the original advice overlooked an important document or whether the agency is applying a lawful policy. Tell the second solicitor that another professional has already given advice and provide the documents needed for a properly informed view. A second opinion is not automatically decisive, but it can clarify the issue and help you decide how to proceed.

Where appropriate, ask the agency whether it can obtain advice from its own legal team or refer the matter to its decision-making panel or complaints process. The agency’s internal legal advice may be confidential to the agency, so you may receive the agency’s decision and reasons rather than the underlying legal correspondence. You can still ask what requirement or policy the decision relies on and how you can challenge it.

Take particular care where the disagreement involves safeguarding. If the issue concerns an immediate risk to a child or another person, follow the safeguarding instructions you have been given and report the concern through the appropriate route. Do not delay a necessary safeguarding report while waiting for a disagreement between professionals to be resolved. Tell your solicitor about the safeguarding concern as well, especially if there are legal deadlines, allegations, police involvement or restrictions on contact.

If the issue is not urgent, avoid making a significant change to a placement, contact arrangement, medication routine, information-sharing practice or supervision arrangement solely on the basis of an informal conversation. Ask for interim instructions in writing. This creates a clear record of what you were told and reduces the risk of later disagreement about your actions.

Keep a complete record. Make a note of dates, the people involved, the advice given, documents considered and any deadlines. Save letters and emails, and record telephone discussions in a follow-up email that accurately summarises your understanding. If your understanding is wrong, invite the professional to correct it. A clear chronology can assist with a review, complaint, legal application or future discussion about your fostering agreement.

If you believe the agency has acted unfairly or has not explained its position, ask for its complaints procedure and follow the relevant stages. A complaint does not replace urgent legal action, particularly where a court deadline or safeguarding concern is involved. Your solicitor can advise whether there is a right of appeal, review or application to a court or tribunal, and whether action is needed to protect your position while the dispute is considered.

The aim is to identify the source of the conflict and obtain a reasoned, documented position before you act. Once the applicable law, court directions, fostering agreement and agency policy have been checked, ask the solicitor and agency to confirm the practical steps that follow. If no agreement can be reached, rely on formal legal advice about your rights and responsibilities, while continuing to meet lawful safeguarding and agency requirements.