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Trosolwg
NHS patients in England have extensive rights set out in the NHS Constitution (last updated 2024), backed by statute and case law. These include rights to treatment within maximum waiting times, choice of provider, access to approved treatments recommended by NICE, privacy and confidentiality, and a robust complaints system. The NHS Constitution is not just aspirational — several rights are legally enforceable.
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Understand Your Treatment Rights
You have the right to: access NHS services free of charge, be treated within maximum waiting times (currently 18 weeks from GP referral to treatment), receive drugs and treatments recommended by NICE, and be treated with dignity and respect.
- The 18-week target is a right, not just a target — you can complain if breached
- You have the right to be seen by a consultant-led team if clinically appropriate
- NICE-approved treatments must be funded by your local NHS
Exercise Your Right to Choose
You have the right to choose which hospital or clinic you are referred to for your first outpatient appointment (the 'Right to Choose'). This includes any qualified NHS or private provider. You also have the right to request a second opinion.
- Ask your GP about available providers — use the NHS e-Referral Service
- You can choose any hospital in England for planned (elective) treatment
- Second opinions are not guaranteed but should be facilitated
Access Your Medical Records
Under the UK GDPR and Data Protection Act 2018, you have the right to access your medical records. Submit a data subject access request (DSAR) to the NHS Trust or GP surgery. They must respond within one month.
- Requests should be free of charge
- You can request records electronically
- The NHS App provides access to GP records
Make a Complaint
If treatment falls below acceptable standards, complain through the NHS complaints procedure: first to the provider (hospital or GP surgery), then to the Parliamentary and Health Service Ombudsman (PHSO) if not resolved. For serious concerns about a healthcare professional, report to their regulator (GMC, NMC, etc.).
- Complaints must be made within 12 months of the incident
- You can get free support from an NHS complaints advocate (through Healthwatch or ICAS)
- The PHSO can investigate and recommend remedies including compensation
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The NHS Constitution rights apply to England only — Scotland, Wales, and Northern Ireland have separate arrangements.
Some treatments are not available on the NHS and require Individual Funding Requests (IFRs) or appeals.
Clinical negligence claims are separate from complaints — seek specialist legal advice within 3 years of the incident (Limitation Act 1980).