# Rule 11(7)(b) - Can we claim level 1?

**URL:** <https://forum.mentalhealthlaw.co.uk/t/rule-11-7-b-can-we-claim-level-1/2037>\
**Category:** Other\
**Tags:** legal-aid\
**Created:** [28 November 2023 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-b-can-we-claim-level-1/2037 "2023-11-28T13:12:26Z")\
**Posts on this page:** 3\
**Page:** 1

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**Author:** ![anonymous26](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/7c8e57/32.png) [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\
**Post date:** [28 November 2023 13:12 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-b-can-we-claim-level-1/2037/1 "2023-11-28T13:12:26Z")

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Hi, if we are 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) but the client was discharged before we had the opportunity to visit them, can a level 1 claim be made? Initial work was carried out such as sending initial letters and requesting notes/section papers.

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**Author:** ![desiwilliams](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/d/ed655f/32.png) [@desiwilliams](https://forum.mentalhealthlaw.co.uk/u/desiwilliams)\
**Post date:** [28 November 2023 13:48 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-b-can-we-claim-level-1/2037/2 "2023-11-28T13:48:18Z")

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Have you seen the guidance… [Legal Aid Agency, ‘Tribunal appointed representatives in mental health (rule 11(7) cases)’ (8/6/17)](https://www.mhlo.uk/ti) which is in Jones and online.

You are appointed so there is already an app/ref. You aren’t required to see the client so long as you justify why e.g. lack capacity will see once had reports or access to medical records.

It would depend how much work you did on your file as to whether you can claim L1 or L2 i.e. more than 30 minutes prep/advice/communication to satisfy L2.

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**Author:** ![anonymous26](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/7c8e57/32.png) [@anonymous26](https://forum.mentalhealthlaw.co.uk/u/anonymous26)\
**Post date:** [29 November 2023 13:01 UTC](https://forum.mentalhealthlaw.co.uk/t/rule-11-7-b-can-we-claim-level-1/2037/3 "2023-11-29T13:01:36Z")

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Thank you Desi, very helpful.