The NHS Constitution

The NHS Constitution (for England) is here. It is a document that sets out the objectives of the National Health Service, the rights and responsibilities of patients, staff, and trust boards – and the guiding principles which govern the service.

Its seven guiding principles are described here.

It sets out what you can expect from the NHS, your rights as a patient, the quality of care you will receive, the treatments available to you and your right to comment and complain.

First published on 21 January 2009, it was one of a number of recommendations in Lord Darzi’s report ‘High Quality Care for All’; as part of a ten-year plan to provide the highest quality of care for patients in England. It can be seen as a development of the ideas that began with the introduction of the Patient’s Charter in 1991. It was last updated in January 2021.

In England, under the NHS Constitution, patients also ‘have the right to access certain services commissioned by NHS bodies within maximum waiting times – e.g. 4h accident and emergency, 18 week planned operation or treatment, and 2 week cancer targets – or for the NHS to take all reasonable steps to offer a range of suitable alternative providers if this is not possible’.

Unlike a real constitution, the document is not legally enforceable, though it sets out the rights of patients and staff. It is fairly brief and written in plain terms. All NHS organisations and other bodies supplying NHS services must have regard to the NHS Constitution; and the Constitution itself must be renewed by the Government every 10 years.

Accompanying it, are associated documents which give more information about the Constitution; and also provide detail on the legislation that underpins the rights.

Summary

We have described what is the NHS Constitution. Even though these are ‘your rights’, they are hard to enforce. We hope it has been helpful.