Did you know? You have a legal right to choose your consultant under NHS law

Under NHS law, you have the legal right to choose your healthcare provider, including private options, at no extra cost. This right is guaranteed by the NHS Constitution, giving you control over who manages your care. Yet, many patients are unaware of this right, which means they often miss the opportunity to take charge of their healthcare and make decisions that best suit their needs.

Your right to choose: here’s what it really means for you

The NHS Constitution makes it clear: you have the right to make choices about your healthcare. This includes:

• Choosing your provider – the hospital or clinic you want to be referred to.
• Selecting your consultant – the healthcare professional who will manage your care.
• Faster treatment: If your waiting time exceeds 18 weeks for non-urgent care or two weeks for urgent cancer treatment, you have the right to request a referral to a provider with shorter waiting times.

This right applies when a GP, dentist, or optometrist refers you for elective care (non-emergency treatment). And it’s not limited to NHS services. You can also choose from private providers that have an NHS commissioning contract (a formal agreement between the NHS and private providers to offer their services to NHS patients), giving you access to more options, all at no extra cost.

As the NHS states: “You have the right to make choices about the services commissioned by NHS bodies and to information to support these choices. The options available to you will develop over time and depend on your individual needs.” 

For example, if there’s a hospital in another area offering better access to specialists or more tailored care for your condition, you can request a referral from your GP. This means you can select care based on expertise, not just location or waiting times. Whether it’s a specialist with more experience in your condition, someone closer to your family, or a provider who can see you sooner, you have the power to make these choices for yourself.

It’s your health, your choice.

Why don’t more patients know about this right?

Despite these rights being clear in the NHS Constitution, the sad reality is that many patients are unaware of the freedom they have to choose beyond local hospitals or the first available specialist. Dr Nadira Awal, an NHS General Practitioner and founder of Pause & Co Healthcare, highlighted a staggering finding: “A survey by the Independent Healthcare Provider Network revealed that only 53% of respondents were aware they had a legal right to choose a hospital or clinic for their first NHS outpatient appointment. Even fewer knew about other rights, like the option to change hospitals if waiting times exceed 18 weeks (46%) or the ability to select who performs a specialist test (41%).”

Why is that? One major reason is that patients are often not offered a full range of options. Dr Awal continued, “Similarly, a study by The King’s Fund found that less than half (49%) of patients recalled being offered a choice of provider. Despite the enthusiasm around patient choice, practical uptake remains inconsistent, with only 37% aware they can choose an independent or private sector provider at no extra cost to the NHS. Many patients report that they weren’t offered multiple options, often due to assumptions about availability.”

Another factor is time pressures and communication gaps between patients and healthcare providers. As Dr Jonathan Webster, General Practitioner, explains: “Most patients don’t realise they have the right to choose their hospital or consultant under the NHS Choice Framework, and it’s not something GPs usually bring up because of time limits. The one exception seems to be when patients ask for a referral for something like an ASD or ADHD assessment – they’re usually more aware of their options. It shows that when patients are given the right information, they can be proactive, but in most situations, they simply don’t realise the choices they have.”

Patient choice is a fundamental principle of modern healthcare, but when it comes to exercising these rights, despite enthusiasm for patient choice, practical uptake is inconsistent. Efforts are ongoing to improve awareness and support for patient choice through better promotion and information sharing, as outlined in NHS guidance.

Dr Nadira Awal, an NHS General Practitioner and founder of Pause & Co Healthcare

Where do GPs fit into the equation?

To fully understand how to make the most of your right to choose, it’s important to know how your GP plays a role in helping guide those decisions. Your GP is usually your first point of contact when you need specialist care, and they play a key role in helping you choose where to receive your treatment. Here’s how your GP can help:

If your GP decides you need specialist treatment, they’ll start the referral process using tools like the NHS e-Referral Service (e-RS). This allows them to access up-to-date information on NHS-approved providers, including private hospitals that work with the NHS.

Your GP will consider several factors when helping you find the right provider:

• Your specific condition: Ensuring the provider specialises in your care.
• Location: Finding options that are convenient for you.
• Waiting times: Checking how soon you can be seen.
• Quality ratings: Looking at assessments from bodies like the Care Quality Commission (CQC).

Your GP should offer a shortlist of providers (usually around five, where appropriate) and help you choose the best fit.

Why your GP might ask you to do some research 

Even with these tools, GPs face challenges that can limit how much they can assist with your choice:

• Time pressures – With appointments often lasting just 10 minutes, GPs must prioritise immediate medical needs over in-depth choice discussions. Dr Jonathan Webster explains: “Patient choice often takes a backseat because consultations are so short. There just isn’t enough time to explore all the best options.”
• Information gaps – While e-RS provides waiting times and locations, Dr Nadira Awal notes: “There’s still a gap in real-time data, especially for specialised treatments. Information on success rates and patient satisfaction is often missing.”

Because of these hurdles, your GP may ask you to research options independently and bring your preferences to a follow-up appointment.

Patient scenario

To better understand how the process works, let’s look at a real-life example of a patient navigating their healthcare choices using the NHS Choice Framework.

Lisa, a 38-year-old woman, has recently been diagnosed with a rare neurological condition affecting her mobility. After months of struggling with various symptoms, Lisa visits her GP, who recommends seeing a specialist for treatment. Here’s how Lisa uses the NHS Choice Framework to make an informed and empowered decision about her care:

Step 1: Lisa’s GP provides options

During the appointment, Lisa’s GP explains the need for a consultant with experience in treating rare neurological conditions. Her GP provides her with a list of at least five NHS-approved providers. However, Lisa isn’t sure which one would be the best fit for her specific condition. The GP also mentions the option to choose private providers that have an NHS commissioning contract, expanding her choices.

Step 2: Lisa takes time to consider her options

Feeling overwhelmed by the diagnosis, Lisa doesn’t want to rush the decision. Her GP reassures her that she doesn’t need to decide immediately. “Take a few days to think it over,” the GP advises. “Just let me know if you need more time.” Relieved, Lisa decides to go home and do further research before making her choice.

Step 3: Lisa does her own research

At home, Lisa begins researching specialists who treat her rare neurological condition. She turns to Doctify, a platform known for its verified patient reviews. Browsing through the profiles of consultants who have experience with her condition, Lisa reads reviews from patients who had similar treatments. The feedback is detailed and specific, mentioning how certain consultants’ expertise in treating rare neurological conditions helped improve their quality of life. This meaningful information gives Lisa the confidence to narrow down her options.

Step 4: Lisa consults the expert

After conducting her research, Lisa chooses a consultant with extensive experience in her condition, who works at a private hospital partnered with the NHS. She trusts the consultant based on the reviews and the number of patients treated for her exact condition. Once she selects the provider, her GP arranges the referral and appointment for her with the chosen consultant. When Lisa meets with the consultant, she’s reassured by their clear explanation of the treatment plan and their attentiveness to her concerns.

How Doctify helps you find the right care

Finding the right healthcare provider can feel overwhelming, especially when managing complex or less common conditions. You might start by looking online, but the sheer volume of information can make it hard to find what’s most relevant to you. And it’s not just patients who face this challenge – healthcare professionals do too. As Stephanie Eltz, co-founder of Doctify, explains: “Even for professionals deeply embedded in the system, it’s almost impossible to say objectively which hospital or department provides the best care. The choices are so numerous, and decisions are often driven by how quickly a patient can be seen, rather than which provider offers the most effective treatment for their specific needs.”

Doctify makes it easier to find the right provider by letting you explore verified patient reviews, filtered by treatment and condition. This gives you insights into how providers have managed cases similar to yours, helping you focus on reviews that matter most.

Choosing the right provider isn’t just about their medical skills. It’s also about how well they listen, explain things clearly, and show empathy. One of the best ways to find this out is by reading reviews from patients who have been treated by the provider. Their stories offer a real sense of what it’s like to be treated by them, giving you more confidence in your choice.

Ultimately, your health is yours to manage, and the NHS Choice Framework allows you to make decisions that are right for you. Whether you’re looking for a specialist for a complex condition or a routine procedure, Doctify helps you choose a provider who meets both your clinical needs and personal preferences.

Understanding all options is the foundation of informed decision-making – empowering patients through better information and involvement in decision-making processes can lead to improved health outcomes and greater satisfaction with care. When patients are actively engaged in their healthcare, they are more likely to adhere to treatment plans and manage their conditions effectively.

Dr Nadira Awal, an NHS General Practitioner and founder of Pause & Co Healthcare

Key takeaways

Now that you know your rights under the NHS Choice Framework, it’s time to take charge of your healthcare decisions. Here’s how to make the most of your options:

• Ask the right questions: When your GP gives you a list of providers, don’t hesitate to ask for more details. Inquire about their experience with your condition and how they approach treatment. This will help you make a choice that’s based on expertise, not just availability.
• Know your options: Many patients don’t realise that they can choose from both NHS and private providers who work with the NHS. This means you have access to high-quality care, with no extra cost to you.
• Take control with research: Your GP is there to guide you, but your own research is crucial. Dive into patient reviews, explore feedback, and see how others with similar conditions have been treated. This deeper insight will help you make a confident, informed decision about your care.