# When 3 panel members (Hospital Managers) cannot agree on discharge

**URL:** <https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282>\
**Category:** Mental Health Act\
**Tags:** hmh\
**Created:** [14 October 2022 10:57 UTC](https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282 "2022-10-14T10:57:27Z")\
**Posts on this page:** 5\
**Page:** 1

<div class="post-metadata">

**Author:** ![Beatrice](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/e9c0ed/32.png) [@Beatrice](https://forum.mentalhealthlaw.co.uk/u/Beatrice)\
**Post date:** [14 October 2022 10:57 UTC](https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282/1 "2022-10-14T10:57:27Z")

</div>

I have been looking for information on what happens when the three panel members (Hospital managers) can not agree to a discharge. Do you get a fourth member and hold the hearing again or do you get a completely new panel. Does anyone know whether I can get this information from…

---

<div class="post-metadata">

**Author:** ![Sellicott](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/sellicott/32/58_2.png) [@Sellicott](https://forum.mentalhealthlaw.co.uk/u/Sellicott)\
**Post date:** [14 October 2022 11:14 UTC](https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282/2 "2022-10-14T11:14:12Z")

</div>

In my experience as a Hospital Manager a new panel would be selected but I would suggest that this is a fairly rare event.

---

<div class="post-metadata">

**Author:** ![Mari](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/51bf81/32.png) [@Mari](https://forum.mentalhealthlaw.co.uk/u/Mari)\
**Post date:** [14 October 2022 11:16 UTC](https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282/3 "2022-10-14T11:16:32Z")

</div>

Advice from Richard Jones .

You do not adjourn to get 4th member or new Panel

All three members have to agree so you do not discharge

---

<div class="post-metadata">

**Author:** ![anonymous14](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/a/b77776/32.png) [@anonymous14](https://forum.mentalhealthlaw.co.uk/u/anonymous14)\
**Post date:** [14 October 2022 11:24 UTC](https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282/4 "2022-10-14T11:24:13Z")

</div>

Hi, yes that’s correct. All 3 members have to agree for a patient to be discharged.

See this case: [R (Tagoe-Thompson) v The Hospital Managers of the Park Royal Centre [2003] EWCA Civ 330](https://www.mentalhealthlaw.co.uk/R_(Tagoe-Thompson)_v_The_Hospital_Managers_of_the_Park_Royal_Centre_(2003)_EWCA_Civ_330)

---

<div class="post-metadata">

**Author:** ![Wendy](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/w/2bfe46/32.png) [@Wendy](https://forum.mentalhealthlaw.co.uk/u/Wendy)\
**Post date:** [14 October 2022 11:36 UTC](https://forum.mentalhealthlaw.co.uk/t/when-3-panel-members-hospital-managers-cannot-agree-on-discharge/1282/5 "2022-10-14T11:36:19Z")

</div>

I agree with Mary and have been informed in the past that the unanimous is to discharge not to keep detained therefore if they cannot agree to discharge the patient remains detained and no new panel is required.