CONTENTS

    What are your rights as an NHS patient in 2025

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    Mark Draper
    ·January 10, 2025
    ·13 min read
    What are your rights as an NHS patient in 2025
    Image Source: unsplash

    As an NHS patient in 2025, you hold important rights that protect your access to care and ensure fair treatment. These patient healthcare rights empower you to make informed decisions about your health. However, recent statistics reveal challenges within the system. Public satisfaction with the NHS has dropped to 24%, with 71% of patients unhappy about appointment delays. Understanding your patient rights helps you navigate these challenges and secure the care you deserve. By staying informed, you can advocate for yourself and access the treatments and services you need.

    Key Takeaways

    • You can get free healthcare when you need it. Money should not stop you from getting care.

    • You should get treatment on time. Non-urgent care should take no more than 18 weeks. Cancer checks should happen within 2 weeks.

    • You can pick your GP and hospital. Choose the ones that suit you best.

    • If you wait too long, tell your Integrated Care Board. They can help you see another doctor or hospital.

    • The NHS App helps you find care, book visits, and learn about your health.

    Overview of patient healthcare rights in 2025

    Overview of patient healthcare rights in 2025
    Image Source: unsplash

    Access to care

    Right to free healthcare at the point of use

    As an NHS patient, you have the right to access free healthcare at the point of use. This fundamental principle ensures that financial barriers do not prevent you from receiving the care you need. Whether you require routine check-ups, emergency services, or elective hospital care, the NHS guarantees that these services remain free for all eligible patients.

    Right to access necessary treatments and services

    You are entitled to access treatments and services deemed necessary for your health. The NHS prioritises equitable access to care, focusing on addressing health inequalities. Hospitals now identify patients who have waited the longest, including vulnerable groups such as women, disabled individuals, and ethnic minorities. This approach ensures that everyone receives the care they need without unnecessary delays.

    Aspect of Reform

    Description

    Focus on Access

    The NHS is enhancing how people access routine care, ensuring that patient needs are prioritised.

    Tackling Waiting Lists Equitably

    Hospitals are required to address waiting lists by identifying who waits the longest, including vulnerable groups.

    Addressing Health Inequalities

    Specific attention is given to groups such as women, disabled individuals, and ethnic minorities who face longer wait times.

    Waiting time guarantees

    Maximum waiting times for elective treatments

    The NHS has introduced reforms to improve waiting times for elective hospital care. By the end of the Parliament, nine in ten patients will receive routine care within 18 weeks. This commitment aims to reduce the maximum waiting time from 18 months to 18 weeks, ensuring a higher quality of care for all patients.

    Key Point

    Description

    Diagnosis and Treatment

    Thousands more patients will receive a diagnosis and treatment date within a single day.

    Same Day Service

    More patients will receive a same day service, including follow-up consultations.

    Waiting Time Guarantee

    Routine care will be delivered to nine in ten patients within 18 weeks.

    Maximum Waiting Time

    Waiting lists will be cut from a maximum of 18 months to 18 weeks by the end of the Parliament.

    Emergency care and urgent referrals

    For emergency care, the NHS ensures that you receive immediate attention. Urgent referrals, such as those for suspected cancer, must be addressed within two weeks. These guarantees reflect the NHS's commitment to providing timely and life-saving care when it matters most.

    Patient choice

    Choosing your GP and hospital

    You have the right to choose your GP and hospital. This right allows you to select providers that align with your preferences and needs. The NHS App makes it easier to explore available options, empowering you to make informed decisions about your care. Improved choice ensures that you can access services that meet your expectations.

    Accessing second opinions and alternative providers

    If you are uncertain about a diagnosis or treatment plan, you can request a second opinion. This right ensures that you feel confident in your care decisions. Additionally, you can explore alternative providers if your current hospital cannot meet your needs. These patient choice rights give you greater control over your healthcare journey.

    Tip: Engaging with your GP or specialist about your options can help you better understand your rights to GP services and rights to hospital services.

    NHS waiting time rights explained

    NHS waiting time rights explained
    Image Source: unsplash

    Maximum waiting times for treatment

    18-week maximum for non-urgent referrals

    You have the right to receive non-urgent treatment within 18 weeks of being referred by your GP. This guarantee ensures that you do not face prolonged delays for routine care. The NHS has committed to reducing waiting times, aiming to provide faster access to necessary treatments. If your treatment exceeds this timeframe, you can take steps to address the issue.

    2-week maximum for suspected cancer referrals

    For suspected cancer cases, the NHS prioritises urgent referrals. You should see a specialist within two weeks of your GP’s referral. This quick response helps ensure early diagnosis and timely treatment, which are critical for better outcomes. If this timeframe is not met, you can explore alternative options to receive the care you need.

    Breach of waiting time rights

    What happens if waiting times are exceeded

    When the NHS fails to meet its waiting time guarantees, you can take action. You have the right to notify your Integrated Care Board (ICB) about the breach. This allows you to request a referral to an alternative provider. The NHS may then bear the financial responsibility for your treatment with another provider.

    Note:
    The breach of the 18-week time limit under Regulation 47(5) of the 2012 Regulations allows patients to notify the Integrated Care Board (ICB) and request referrals to alternative providers, potentially imposing financial responsibilities on the NHS.

    Options for alternative care or private treatment

    If waiting times are exceeded, you can explore alternative care options. The NHS may arrange for your treatment at another hospital or provider. You can also consider private treatment, although this may involve additional costs. Discussing these options with your GP or specialist can help you make an informed decision.

    Exceptions to waiting time guarantees

    Clinical reasons for delays

    In some cases, delays may occur due to clinical reasons. For example, your doctor might decide to postpone treatment if it poses a risk to your health. These decisions are made to ensure your safety and the best possible outcome for your care.

    Patient-initiated delays

    Delays can also happen if you choose to postpone your treatment. For instance, you might need more time to prepare for a procedure or prefer a later appointment date. In such cases, the waiting time guarantee may not apply.

    How to exercise your patient rights

    Choosing providers and treatments

    Using the NHS App to explore options

    You can use the NHS App to explore healthcare providers and treatment options from the comfort of your home. This app allows you to select your GP or hospital care provider, manage appointments, and access essential information. It is mobile-friendly and widely accessible, making it a convenient tool for patients. The NHS website also offers similar features, helping you make informed choices about your care.

    Benefit

    Description

    Better access to services

    Apps provide instant access to healthcare information and services, especially beneficial for patients in remote locations or those unable to attend in-person appointments.

    Enhanced efficiency

    Automating simple tasks allows healthcare staff to focus on delivering better care, improving overall service efficiency.

    Improved patient engagement

    With convenient access to healthcare apps, patients are more likely to engage with their treatment and monitor their conditions effectively.

    Reduced costs

    By automating tasks and reducing hospital readmission rates, healthcare apps contribute to lowering operational costs for the NHS.

    Discussing choices with your GP or specialist

    Your GP or specialist can guide you in making the best decisions about your care. Discuss your preferences and ask about available options. They can help you understand which hospital or treatment aligns with your needs. This ensures you receive good quality of care tailored to your situation.

    Accessing support and information

    NHS Patient Advice and Liaison Service (PALS)

    PALS provides quick resolutions to concerns without the need for formal complaints. If you face challenges with your hospital care or treatment, PALS can offer advice and support. They act as a bridge between you and healthcare providers, ensuring your voice is heard.

    Advocacy services for vulnerable patients

    Advocacy services, such as NHS Complaints Advocacy, offer free and confidential support for patients who need help raising concerns. Vulnerable patients can also seek assistance from the Parliamentary & Health Service Ombudsman if they are unsatisfied with the NHS response. These services ensure you can exercise your patient rights effectively.

    Making informed decisions

    Understanding your care plan

    Understanding your care plan is crucial for managing your health. Platforms like Patients Know Best allow you to co-design your care plan, set goals, and monitor progress. You can read, edit, and share your plan with healthcare professionals, ensuring you stay informed and involved in your treatment.

    Asking questions and seeking clarity

    When discussing your care, ask questions to understand the benefits, risks, and alternatives of your treatment. Consider the implications of doing nothing. This approach helps you make informed choices and ensures you receive the best possible care.

    Tip: Use e-learning modules available through the NHS Care Portal to enhance your understanding of care planning.

    What to do if your patient rights are not upheld

    Filing a complaint

    How to raise concerns with your care provider

    If you feel your patient rights have been violated, you can start by raising your concerns directly with the care provider. Speak to a doctor, nurse, or manager at the service. For immediate assistance, contact the Patient Advice & Liaison Service (PALS). They can help resolve issues informally and quickly. If this does not resolve the matter, you can file a formal complaint.

    To make a formal complaint, write to the Chief Executive of the NHS trust. Include your contact details, date of birth, consultant’s name, admission and discharge dates, and a detailed description of your complaint. Complaints must be made within 12 months of the incident or when you became aware of it.

    Step

    Description

    1

    Complaints must follow the Local Authority Social Services and National Health Service Complaints (England) Regulations 2009.

    2

    Complaints can be made to the treatment provider or commissioner, such as a GP surgery or NHS trust.

    3

    Complaints should be submitted within 12 months of the incident or its discovery.

    4

    Oral complaints must be recorded and formally managed if unresolved within one working day.

    5

    Unresolved complaints can be escalated to the Parliamentary & Health Service Ombudsman (PHSO).

    Escalating complaints to NHS England or the Ombudsman

    If you remain dissatisfied, escalate your complaint to NHS England or the Parliamentary & Health Service Ombudsman (PHSO). The Ombudsman reviews both the clinical care and how your complaint was handled. They may recommend actions for the hospital, individual practitioners, or even financial remedies.

    Seeking legal advice

    When to consider legal action

    Legal action may be necessary if your complaint involves severe treatment failures or negligence. Before proceeding, ensure you have exhausted all other resolution options. Legal action should be a last resort due to its complexity and cost.

    Organisations that can help, such as Citizens Advice

    Citizens Advice provides free guidance on legal matters, including how to complain about NHS services. You can also consult legal firms like Capsticks, which specialise in NHS-related cases. These organisations can help you understand your rights and navigate the legal process.

    Exploring alternative options

    Accessing private care

    If NHS services fail to meet your needs, you can consider private care. Private healthcare often offers shorter waiting times and more personalised choice. However, it is typically more expensive and may not cover all conditions comprehensively.

    Requesting a referral to another NHS provider

    You can request a referral to another NHS provider if the waiting list exceeds the 18-week target. The referral must meet specific criteria, such as being made by an NHS GP and accepted by a consultant at the alternative hospital. The new provider must offer an earlier appointment and have a commissioning contract with the NHS.

    1. The initial referral must come from an NHS GP or dentist.

    2. The 18-week target must have been breached or is likely to be breached.

    3. The alternative provider must offer an earlier appointment.

    4. The new consultant must work within a suitable NHS provider.

    Tip: Discuss your options with your GP to ensure the referral process aligns with your needs.

    As an NHS patient in 2025, you hold clear rights that ensure timely care, informed decisions, and fair treatment. These include access to health services, good quality care, and protection from abuse or neglect. You also have the right to make choices about your medications and treatments, as well as to raise complaints if things go wrong. Referring to the NHS Constitution can help you understand these rights and responsibilities.

    Staying informed about your patient rights empowers you to navigate the system effectively. Use tools like the NHS App to explore hospital options and manage your care. If you face issues, take action by seeking support or filing a complaint. By being proactive, you can ensure you receive the care you deserve and avoid unnecessary delays on waiting lists.

    Tip: Always ask questions and seek clarity about your care plan to make the best decisions for your health.

    FAQ

    What should you do if you cannot access the NHS App?

    If you cannot access the NHS App, visit the NHS website for similar features. Alternatively, contact your GP surgery for assistance. They can guide you on managing appointments and exploring healthcare options without the app.

    What happens if your GP refuses to provide a referral?

    If your GP refuses a referral, ask for a clear explanation. You can request a second opinion from another GP. If unresolved, contact the NHS Patient Advice and Liaison Service (PALS) for support.

    Can you change your GP if you are unhappy with their service?

    Yes, you can change your GP. Use the NHS App or website to find a new GP practice. Contact the chosen practice to register. Ensure the new GP is accepting patients in your area.

    What are your rights if you feel unsafe in a hospital?

    You have the right to safe care. Report concerns to hospital staff immediately. If unresolved, contact PALS or file a formal complaint. Advocacy services can also support you in addressing safety issues.

    How can you access advocacy services for NHS complaints?

    Advocacy services, such as NHS Complaints Advocacy, provide free support. Contact them directly or ask PALS for guidance. These services help you raise concerns effectively and ensure your voice is heard.

    See Also

    Your Rights Explained Within The NHS Constitution Framework

    Steps Patients Can Take To Minimise NHS Waiting Times

    Practical Strategies To Lower NHS Treatment Waiting Periods

    A Comprehensive Guide To The NHS Choices Initiative

    Essential Information Regarding NHS Waiting Times Explained

    Are you one of the millions stuck on the NHS waiting lists?