# Legal Help signed prior to instructions

**URL:** <https://forum.mentalhealthlaw.co.uk/t/legal-help-signed-prior-to-instructions/1364>\
**Category:** Other\
**Tags:** legal-aid\
**Created:** [17 November 2022 11:08 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-help-signed-prior-to-instructions/1364 "2022-11-17T11:08:09Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![LaurenT](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/l/ce7236/32.png) [@LaurenT](https://forum.mentalhealthlaw.co.uk/u/LaurenT)\
**Post date:** [17 November 2022 11:08 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-help-signed-prior-to-instructions/1364/1 "2022-11-17T11:08:09Z")

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I went to see a new client with a prearranged appointment but when I attended the client was on leave so the appointment could not go ahead. I left the legal help form with the ward for client to sign and they signed and returned it on the same day.

I am seeking opinions on whether we would be able to claim for disbursements (mileage/parking) and time spent on this file even if the appointment did not go ahead and we don’t yet have instructions.

thanks 🙂

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**Author:** ![Karen](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/k/7feea3/32.png) [@Karen](https://forum.mentalhealthlaw.co.uk/u/Karen)\
**Post date:** [30 November 2022 06:27 UTC](https://forum.mentalhealthlaw.co.uk/t/legal-help-signed-prior-to-instructions/1364/2 "2022-11-30T06:27:42Z")

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Dear Lauren  
You cannot open a file unless you have instructions or have been appointed under [Rule 11](https://www.mentalhealthlaw.co.uk/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008#Rule_11) (7) (b) Tribunal Procedure Rules before your visit. Even if you are appointed under R11 (7) (a) you still cannot open a file without instructions. If you see the client and feel that they lack capacity to instruct you cannot open a file either.