The NHS Constitution explains the responsibilities of NHS organisations and staff, as well as the principles that guide how the NHS operates.
Although the NHS Constitution affects millions of patients every year, many people are unaware that it exists or what protections it provides.
What is the NHS Constitution?
The NHS Constitution is a document that sets out:
- the principles of the NHS
- the rights of patients
- the responsibilities of patients and staff
- the standards the NHS aims to deliver
It was first introduced in 2009 to help ensure that patients understand what they can expect when using NHS services.
The Constitution applies to NHS services in England and is regularly reviewed and updated.
Why the NHS Constitution matters
The NHS Constitution helps ensure that patients are treated fairly and receive appropriate care when using NHS services.
It also establishes important rights relating to:
- access to healthcare
- waiting times
- choice of provider
- clear information about treatment
- the ability to complain about care
These rights are designed to help patients navigate the healthcare system and understand the standards the NHS aims to meet.
Key patient rights under the NHS Constitution
The NHS Constitution sets out several rights that apply to patients receiving NHS care.
Access to NHS services
Patients have the right to access NHS services based on clinical need, not their ability to pay.
Maximum waiting times for treatment
Patients have the right to start consultant-led treatment within 18 weeks of referral in most cases.
How NHS waiting time targets work, including the 18-week referral-to-treatment standard and what to do if your wait is too long.
Choice of provider
In many cases, patients have the right to choose which organisation provides their NHS care.
This is often referred to as patient choice or Right to Choose.
How NHS Right to Choose works, who qualifies, and how to ask your GP to refer you to a provider with a shorter wait.
Clear information about care and treatment
Patients have the right to receive clear information about their condition, treatment options, and available services.
This helps patients make informed decisions about their care.
The right to complain
Patients have the right to raise concerns or complaints about NHS services if they feel their care has not met expected standards.
The NHS complaints procedure allows patients to have concerns investigated.
Patient rights summary
| Patient right | What it means |
|---|---|
| Access to NHS care | Patients receive care based on clinical need, not ability to pay |
| Maximum waiting times | Most patients should start treatment within 18 weeks |
| Choice of provider | Patients may choose where they receive care |
| Information about treatment | Patients must receive clear information about care |
| Right to complain | Patients can raise concerns about NHS services |
Patient responsibilities
The NHS Constitution also outlines responsibilities for patients using NHS services.
These include:
- treating NHS staff with respect
- keeping appointments where possible
- providing accurate health information
- using NHS services responsibly
These responsibilities help ensure the healthcare system operates effectively for everyone.
Worth knowing
How the NHS Constitution affects patient care
The NHS Constitution influences many aspects of how the healthcare system operates, including:
- waiting time targets
- patient choice policies
- access to services
- standards of care
Understanding these principles can help patients navigate NHS services more effectively.
Navigating the NHS system
The NHS Constitution is one of the key documents that explains how the healthcare system is designed to work for patients.
Explore your healthcare options
Find Care Compare helps patients understand healthcare pathways and explore available providers. You can:
- Compare NHS and private providers
- Understand referral routes
- Explore care options near you
Frequently asked questions
Sources
This article summarises publicly available information from:
Sources referenced include:
- UK Government — NHS Constitution for England
- NHS England — NHS Constitution
- NHS England — Referral to treatment standards
- NHS — Complaints procedure
- Department of Health and Social Care
Related guides
The complete guide to NHS Right to Choose
Understand how NHS patient choice works and when you can choose a different provider.
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Read guide GuideNHS 18-Week Rule explained
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Read guide GuideWhat is an NHS referral?
Understand the different types of NHS referrals and how to navigate them.
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