What are my rights as an NHS patient?
Short answer
The NHS Constitution gives you legally enforceable rights: free care, dignity and freedom from discrimination, information given in a way you can understand, confidentiality, access to your own records, the right to accept or refuse any treatment, and a choice of GP practice and hospital.
The NHS Constitution is not a mission statement. The rights in it are legal rights that the NHS must act in accordance with, alongside "pledges" — commitments it aims to meet, such as waiting times, which are strong statements of intent rather than enforceable entitlements.
The core rights
- Free NHS services, apart from permitted charges such as prescriptions and dental bands.
- Dignity and respect, free from unlawful discrimination.
- Information you can understand, including an interpreter or communication support, and the right to bring someone with you to appointments.
- Confidentiality, and access to your own health records.
- Consent — every adult with capacity may refuse any treatment, even where refusal risks serious harm. Consent must be voluntary, informed and given with capacity; where capacity is lacking, decisions are made in your best interests under the Mental Capacity Act 2005, subject to any valid advance decision.
Choice, funding and complaints
You may register with any GP practice in England that has capacity, regardless of where you live — a practice cannot refuse you on postcode alone. When your GP refers you, you have the right to choose from at least five providers through the NHS e-Referral Service, including independent providers working under NHS contracts, and your GP must give you information to support that choice.
Two funding rights are worth knowing. Where NICE issues a positive technology appraisal, Integrated Care Boards must fund that treatment for eligible patients within 90 days — enforceable, so cite the appraisal number if you are told it is unavailable. Where a treatment is not routinely commissioned, your consultant can make an Individual Funding Request arguing your clinical circumstances are exceptional, and a refusal can be appealed to the ICB's independent panel.
Complaints go to the provider first: acknowledgement within three working days and a full written response within 25 under the NHS Complaints Regulations 2009, then to the Parliamentary and Health Service Ombudsman. PALS at every trust can often resolve concerns informally, and free NHS Complaints Advocacy from organisations such as POhWER and VoiceAbility is available to anyone, with no financial test. You can also register a National Data Opt-Out to stop your data being used beyond your direct care, which has no effect on your treatment.
Related guides
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