Know Your Rights as an NHS Patient
Your legal rights to NHS treatment, choice, complaints, and data protection as a patient in England.
Overview
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.
Who Can Use This Process
- You are likely eligible to use this guide if your situation involves know your rights as an nhs patient.
- You have a genuine legal basis for the matter (contract, tort, statutory right, etc.).
- You have made reasonable attempts to resolve the matter directly with the other party first.
Step-by-Step Process
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
Costs
Important Warnings
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).
Useful Links
Frequently asked questions
- How long does the know your rights as an nhs patient process take?
- The end-to-end timeline depends on which stage you're at. Common steps run on these timeframes: "Know before seeking treatment"; "At point of referral"; "Within 1 month of request"; "Within 12 months". Add court / counterparty response time on top — disputed matters can run months longer than the bare minimum.
- How much does it cost?
- Main outlays are: NHS treatment — Free at point of use; Medical records access — Free; NHS complaints — Free; PHSO investigation — Free. Court fees often qualify for Help with Fees remission if you're on a low income. Solicitor fees are extra and vary widely — many matters can be done as a litigant in person.
- What are the most common mistakes to avoid?
- Watch out for: 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).. If you're unsure on any of these, get advice from a regulated solicitor or a free service like Citizens Advice before acting.
- Where can I find the official forms and guidance?
- The official sources are: NHS Constitution; PHSO — Make a Complaint; Healthwatch England. Always use the forms / guidance from the issuing authority's own site — third-party copies can be out of date.
- Can I do this myself without a solicitor?
- Yes — many people complete this kind of matter as a litigant in person. The site walks through each step in plain English. A solicitor is recommended if: large sums are at stake, the other side has legal representation, the matter involves criminal liability, children, immigration, or you're unsure on any procedural deadline. Free advice is available from Citizens Advice, Law Centres, and (for some matters) LawWorks pro bono clinics.