Your rights in the NHS

Written and reviewed by the UK Hospitals editorial team
Last reviewed: 22 October 2026 · Next review due: 22 April 2027

This guide brings together information from the NHS and other official sources, listed at the end of the page. It is not medical advice.

The NHS Constitution for England sets out your rights as a patient, and pledges the NHS has made to you. Your rights include free care for most services, choosing your GP surgery and hospital, maximum waiting times, being involved in decisions about your care and making a complaint. This guide explains the main ones and where to get help if things go wrong.

Rights and pledges: what is the difference?

The NHS Constitution applies in England. It lists:

  • RightsThings you are legally entitled to
  • PledgesCommitments the NHS aims to meet, which go further than your rights but are not legally binding

A separate handbook explains the details, including the exact waiting times.

Getting NHS care

  • You have the right to NHS services free of charge, except for a few charges that Parliament has agreed, such as prescription and dental charges. See what is free on the NHS.
  • You will not be refused NHS services on unreasonable grounds.
  • You have the right not to be unlawfully discriminated against, for example because of your race, disability, age, sex, sexual orientation, religion or belief, gender reassignment, pregnancy or marriage or civil partnership.
  • You have the right to medicines and treatments recommended by NICE (the National Institute for Health and Care Excellence) for use in the NHS, if your doctor says they are right for you.
  • You have the right to the vaccinations recommended for you under NHS vaccination programmes.

Your right to choose

Your GP surgery

You have the right to choose your GP surgery. The surgery must accept you unless it has reasonable grounds to refuse, such as not taking new patients or you living outside its area, and it must tell you why. You can also ask to see a particular doctor or nurse, and the surgery should try to arrange this. See how to register with a GP surgery.

Your hospital or service

In most cases, when a GP refers you for a physical or mental health condition, you have a legal right to choose which hospital or service you go to for your first outpatient appointment. This includes some private hospitals that treat NHS patients, at no extra cost to you. You can also choose a team led by a particular consultant, although you may not always see the consultant in person.

You do not have this legal right if, for example, you need urgent or emergency care, you are using maternity services, you are serving in the armed forces, or you are detained under the Mental Health Act or in prison.

If you are not offered a choice, ask the person referring you. If that does not work, you can complain to your local integrated care board (ICB). Our choose a hospital tool helps you compare NHS hospitals in England.

Waiting times

Maximum waiting times in the NHS Constitution handbook (England)
  • Right18 weeks from referralStarting non-urgent, consultant-led treatment
  • Right28 days from referralFinding out if you have cancer, after an urgent referral for suspected cancer
  • Pledge62 daysStarting cancer treatment after an urgent referral
  • Pledge31 daysStarting cancer treatment after a decision to treat
  • Pledge6 weeks from referralA diagnostic test
  • Pledge4 hoursTime in A&E, from arrival to admission, transfer or discharge
  • Pledge28 daysA new date after an operation is cancelled on the day for non-medical reasons

The 18-week right does not apply in some cases, for example if you choose to wait longer, if waiting is better for your health, or if you miss appointments you chose. It does not cover maternity services or services that are not consultant-led.

If you are likely to wait longer than the maximum time, you can ask to be seen by a different hospital or service. Contact the hospital you were referred to, or your local ICB. They must take all reasonable steps to offer you suitable alternatives that can see you sooner.

Our hospital pages show how long people are waiting at each trust.

Your care and your information

  • You have the right to be treated with dignity and respect.
  • You have the right to accept or refuse treatment. You should not be examined or treated without your valid consent.
  • You have the right to information about your test and treatment options, including their risks and benefits, and to be involved in decisions about your care. Where appropriate, this includes your family and carers.
  • If something goes wrong with your care and it has caused, or could cause, significant harm, you must be told. You should be given the facts, an apology and reasonable support.
  • You have the right to see your own health records and to have mistakes corrected.
  • You have the right to privacy and confidentiality, to know how your information is used, and to ask for your confidential information not to be used beyond your own care.
  • When doctors write to each other about your care, they should give you a copy. If you do not get one, you can ask for it.

Interpreters and help with language

If you need help in another language, including British Sign Language (BSL), ask for an interpreter. In A&E or an urgent treatment centre, ask at reception. When you call 111, ask for an interpreter.

Complaints and PALS

If you are unhappy with NHS care, it is often quickest to talk to the staff involved first. In a hospital, the Patient Advice and Liaison Service (PALS) can help sort out problems informally and explain how to complain.

If you want to make a formal complaint:

  • complain either to the service that gave you care, such as the GP surgery, dentist or hospital, or to the organisation that pays for it (usually your local ICB), but not both
  • complain within 12 months of what happened, or of finding out about it (this can sometimes be extended)
  • you can complain by speaking to someone, in writing or by email (if you complain by speaking to someone, you will get a written record)
  • you have the right to have your complaint acknowledged within 3 working days and properly investigated
  • making a complaint should not affect your future care

If you are not happy with the final response, you can take your complaint to the Parliamentary and Health Service Ombudsman, which is independent of the NHS.

Independent help and advice

  • NHS complaints advocacy: free, independent help to write a complaint and support you at meetings.
  • Healthwatch: every area of England has a local Healthwatch. It listens to people’s experiences of health and care, and can tell you who provides complaints advocacy where you live.
  • Care Quality Commission (CQC): the independent regulator of health and social care in England. It uses what people tell it about their care to help decide when, where and what to inspect.
  • Parliamentary and Health Service Ombudsman: independently investigates complaints about the NHS in England that have not been resolved locally. Its service is free.

Visit Healthwatch to find your local service

This guide summarises your rights. It is not legal or medical advice. Read the full NHS Constitution for England on GOV.UK.

Sources

We checked this guide against these official pages on 22 October 2026.

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