NHS Right to Choose
Find a hospital with a shorter wait.
Under the NHS Constitution (Right 6a) and the Health Act 2009, you have a legal right to choose which hospital or NHS-commissioned provider treats you for your first outpatient appointment. Most patients are never offered this choice by their GP.
ShorterWait gives you real NHS waiting time data for 14 specialties across 496 hospitals in England so you can find a shorter wait and exercise your Right to Choose with evidence in hand.
How the NHS Right to Choose pathway works
Find a shorter wait
Search by postcode and specialty. ShorterWait ranks every NHS trust and NHS-commissioned independent sector hospital by current treatment waiting time.
Request a re-referral
Ask your GP to re-refer you to the shorter-wait provider via the NHS e-Referral Service (e-RS). You can hand them a written request. They are legally required to facilitate this.
Get seen sooner
Typical time from re-referral to new appointment letter is 2 to 4 weeks. The average difference found between current hospital and shortest available wait is 13 weeks.
Your legal entitlements under the NHS Constitution
Choose any NHS trust or NHS-commissioned independent sector provider for your first outpatient appointment
Be offered at least five provider choices by your GP via the NHS e-Referral Service
Request a re-referral to a different provider before attending your first outpatient appointment
Access NHS-funded independent sector hospitals (Spire, Nuffield, Circle, BMI, HCA) at no cost to you
Escalate to your Integrated Care Board if your GP refuses without a valid clinical reason
Exercise this right for all elective specialties including orthopaedics, cardiology, ENT, and more
When Right to Choose does NOT apply
Urgent and emergency care
A&E and blue-light admissions are not covered
Urgent suspected cancer pathways
Two-week wait (2WW) referrals follow a separate urgent pathway
Maternity services
Maternity care is excluded from patient choice legislation
Patients already mid-treatment
Once you have attended your first outpatient appointment and treatment is underway, the pre-appointment right no longer applies
Mental Health Act detentions
Patients detained under the MHA cannot exercise this right
GP registered outside England
Healthcare is devolved. This right applies only in England.
Source: NHS Constitution for England (2023), NHS England National Elective Access Policy, Health Act 2009. Written by a practising NHS GP.
NHS Right to Choose by specialty
Select your specialty to compare current NHS waiting times and find the shortest wait available across England.
ADHD Right to Choose: check your ICB
Over 8 NHS areas have paused ADHD Right to Choose bookings in 2026. Check your area before requesting a referral.
NHS Right to Choose by region
Compare Right to Choose waiting times across NHS England regions.
Frequently asked questions about NHS Right to Choose
What is the NHS Right to Choose?
The NHS Right to Choose is your legal right under the NHS Constitution (Right 6a) and the Health Act 2009 to choose which NHS or NHS-commissioned provider treats you for your first outpatient appointment. Your GP must offer you at least five choices and refer you via the NHS e-Referral Service.
How do I exercise my NHS Right to Choose?
Find a hospital with a shorter wait on ShorterWait, then ask your GP to re-refer you to that provider via the NHS e-Referral Service (e-RS). You can hand your GP a written re-referral request. The GP is legally required to facilitate this where it is clinically appropriate.
Does my wait clock reset if I switch hospitals?
If you switch before your first outpatient appointment, your referral-to-treatment clock restarts at the new hospital. However, because the new hospital has a shorter wait, the total time to treatment is almost always less than staying at your current hospital.
Does Right to Choose include independent sector hospitals?
Yes. Any NHS-commissioned independent sector provider listed on the NHS e-Referral Service (e-RS) is included, at no cost to you. Private hospitals including Spire, Nuffield, Circle, BMI, and HCA frequently appear on e-RS with waits significantly shorter than NHS trusts.
What if my GP refuses my Right to Choose request?
Your GP can only decline a Right to Choose re-referral on specific clinical grounds. If they refuse without a clinical reason, you can escalate formally to your local Integrated Care Board (ICB). ShorterWait's Switch Pack includes an ICB escalation letter template for exactly this situation.
Is the Right to Choose the same as patient choice?
Yes. Right to Choose and patient choice refer to the same legal entitlement under the NHS Constitution. The terms are used interchangeably in NHS guidance and legislation.
When does the NHS Right to Choose NOT apply?
The Right to Choose applies to routine elective referrals only. It does not apply to: urgent or emergency care (A&E), urgent suspected cancer referrals (two-week wait pathways), maternity services, patients already receiving treatment for the same condition at the current hospital, patients detained under the Mental Health Act, patients registered with a GP outside England, or patients in prison or secure accommodation.
Exercise your Right to Choose today
Free search. 496 hospitals. Updated every week from NHS England data.