Skip to content

NHS Waiting Time Rights

HealthEnglandLast reviewed: 1 April 20256 min

NHS patients in England have a legal right to begin consultant-led treatment within 18 weeks of referral. When this target is at risk of being missed, you have the right to be offered a choice of alternative provider, and the NHS must actively facilitate this.

Important

This is general guidance only and does not constitute medical or legal advice. NHS rules and charges change regularly — always verify current information on NHS.UK or with your GP practice before acting.

Key points

  • You have a legal right to start consultant-led treatment within 18 weeks of an NHS referral in England.
  • If the 18-week target will be breached, the NHS must offer you a choice of alternative provider within the same specialty.
  • You can ask your GP or referring clinician to make a referral via the NHS e-Referral Service, giving you direct choice of provider.
  • Cancer patients have a separate two-week urgent referral target and a 62-day target from referral to first treatment.
  • PALS at your local trust can help you escalate waiting time concerns informally before making a formal complaint.

The 18-Week Referral to Treatment Right

Under the NHS Constitution and NHS England's Referral to Treatment (RTT) rules, patients in England have a legal right to start consultant-led treatment within 18 weeks of their GP (or other clinician) making a referral — unless:

  • You choose to wait longer (for example, for a particular surgeon or hospital)
  • It is clinically appropriate to wait longer
  • You do not attend appointments without telling the provider in advance

The clock starts on the day your referral is received by the provider and stops when treatment starts — or when you first attend a new outpatient appointment if no further treatment is needed. Diagnostic tests and outpatient appointments are included within the 18-week pathway.

Your Right to Choose if the Target is at Risk

If the NHS cannot see you within 18 weeks at your chosen provider, it must offer you a choice of alternative providers that can treat you within the target time. This is sometimes called the "Choice Guarantee."

To exercise this right:

  1. Contact the hospital's patient access or booking team to ask when your appointment or treatment is expected.
  2. If it will be beyond 18 weeks, ask to be referred to an alternative provider. The NHS e-Referral Service (eRS) can show you which providers have shorter waits.
  3. Your GP can also use eRS to make a new referral to a different provider if you request this.
  4. Independent sector providers contracted by the NHS can count toward this right — treatment may be available faster at a private hospital operating under an NHS contract.

Cancer Waiting Time Targets

Cancer patients have additional, more urgent targets:

  • Two-week urgent referral: If your GP makes an urgent referral for suspected cancer, you should be seen by a specialist within two weeks.
  • 31-day target (decision to treat): Once a decision to treat has been made, first definitive treatment should begin within 31 days.
  • 62-day target (referral to treatment): From an urgent GP referral for suspected cancer to first definitive treatment should be no more than 62 days.

These targets are not currently meeting the NHS's own standards in many areas. If you are concerned about cancer waiting times, contact your GP or the hospital's cancer nurse specialist urgently, and contact PALS or NHS England if you feel your care is being delayed.

Escalating Waiting Time Concerns

If you are waiting beyond NHS targets or are concerned about your position on the waiting list:

  1. Contact the hospital's patient access team directly to ask about your expected wait and whether you can be seen sooner, including as a cancellation.
  2. Ask your GP to chase the referral — they can contact the consultant's secretary or escalate via the referral system.
  3. Contact PALS at the hospital for informal support and to flag your concern to management.
  4. Make a formal complaint to the trust if your rights are not being upheld — this creates a formal record and the trust must respond within 25 working days.
  5. Contact NHS England on 0300 311 22 33 if the trust does not resolve your concern.

Frequently asked questions

Does the 18-week target apply to all NHS treatment?
The 18-week right applies to consultant-led treatment — typically outpatient and inpatient elective care. It does not cover A&E attendances, primary care (GP) appointments, maternity services, or certain mental health services, which have their own targets. Some highly specialised services may also be excluded.
Can I be removed from the waiting list without being told?
Providers can "administratively remove" patients who repeatedly fail to attend or do not respond to appointment letters. However, they must have a documented policy and must write to you before removing you. If you were removed unfairly, complain to the trust and ask to be reinstated.
The hospital says I have to go back to my GP to start the wait again — is this right?
This is sometimes called "re-referring" and can reset the 18-week clock. It is only appropriate in limited clinical circumstances (for example, if your condition has significantly changed). If you believe you are being re-referred simply to manage waiting list numbers, raise this with PALS or make a formal complaint.
Will the NHS pay for private treatment if I have waited too long?
The NHS does not automatically fund private treatment when waiting times are breached. However, it must offer you alternative NHS provision (including independent sector providers contracted to the NHS). If you choose to pay for private treatment because of an NHS waiting time failure, you are generally not entitled to reimbursement, though you may have grounds for a complaint.

What to do next

  1. 1
    NHS Constitution waiting time rights

    Read your legal rights around waiting times.

  2. 2
    NHS e-Referral Service

    Book and manage referrals and view provider waiting times.

  3. 3
    How to complain about NHS treatment

    Escalate unresolved waiting time concerns formally.

  4. 4
    Find your local PALS

    Get informal support from Patient Advice and Liaison Service.

Official bodies and resources

National Health Service

Government

The publicly funded healthcare system in the United Kingdom, providing free healthcare for all UK residents.

Parliamentary and Health Service Ombudsman

Ombudsman

Investigates complaints about NHS England and UK government departments, agencies, and public bodies.

Citizens Advice

Charity

Provides free, confidential, and independent advice on a wide range of issues including benefits, housing, debt, and employment.

Was this page helpful?

Disclaimer

This information is for general guidance only and does not constitute legal advice. You should seek qualified legal help if your situation requires it.