Right to Choose
You have the legal right to choose your NHS hospital
Under the NHS Constitution, every patient in England has the right to choose where they are referred for their first outpatient appointment. Most patients don't know this exists.
What it means
This means:
- You do not have to go to your nearest hospital
- You can choose any NHS hospital in England that provides the treatment you need
- This includes NHS Foundation Trusts, NHS Trusts, and Independent Sector providers with NHS contracts
- Your GP must offer you a choice of at least 5 providers
Why this matters
Waiting times vary enormously between hospitals. For the same specialty, one hospital might have a 12-week wait while another 20 miles away has a 38-week wait. By choosing the hospital with the shorter wait, you could receive treatment months sooner.
How to exercise your right
Step 1: Search
Use HospitalWaits to find which hospitals near you have the shortest wait for your specialty.
Step 2: Ask your GP
At your GP appointment, say:
"I'd like to exercise my right to choose where I'm referred. I've looked at the waiting times and I'd prefer to be referred to [Hospital Name], which has a shorter wait for [specialty]."
Your GP should refer you to your chosen hospital. They may need to use the NHS e-Referral Service to do this.
Step 3: If your GP says no
Your GP cannot refuse your right to choose for a first outpatient appointment (except in genuine emergencies or if the service is clinically inappropriate). If you feel your choice is not being respected:
- Ask the practice manager to explain why
- Contact NHS England's Customer Contact Centre: 0300 311 22 33
- Contact your local Healthwatch: healthwatch.co.uk
- Contact the Patient Advice and Liaison Service (PALS) at your local hospital
When does the right to choose apply?
| Situation | Right to choose? |
|---|---|
| First outpatient appointment (new referral) | Yes ✓ |
| Maternity services | Yes ✓ |
| Mental health services (from April 2023) | Yes ✓ |
| Follow-up appointment at the same trust | No |
| Emergency admission | No |
| Diagnostic tests (MRI, CT, etc.) | Limited — depends on referral pathway |
| Inpatient admission following outpatient | Usually at the same trust |
What about travelling further?
Choosing a hospital further away means a longer journey but potentially a much shorter wait. Things to consider:
- How much shorter is the wait? Saving 6 months may be worth a longer journey.
- Can you get there? Check public transport routes and parking.
- You may be eligible for NHS travel reimbursement if you're on certain benefits. Ask the hospital.
Official NHS guidance
This page provides general information about NHS patient choice. It is not legal advice. For specific questions about your referral, speak to your GP or contact NHS England.