Understanding NHS Right To Choose and Patient Choice

Please check the Latest Information section of the Attention Deficit Hyperactivity Disorder (ADHD) and Autism page for an update on Autism and ADHD Assessment Services (January 2026).

Right to choose – criteria 

The NHS Choice Framework sets out some of the choices available to patients / parents in the NHS.  In some circumstances patients (of all age) have legal rights to choose (RTC) and you must be given these choices by law. In other circumstances patients do not have a legal right to choose, but should be offered choice about their care, depending on what is available locally.

In summary and for ease, patients / parents have legal rights to choose based on the following criteria, however more detail on each element can be found in the links above to help inform your decision:

• the patient has an elective referral for a first outpatient appointment (second opinions do not quality as a legal right, however as best practice choice should be sought locally where possible for a second opinion).
• a GP must refer the patient. 
• the referral is clinically appropriate for the presenting needs of the patient, deemed by the referring GP.
• the receiving service and team are led by a consultant or a mental healthcare professional. 
• the receiving provider has in place a signed NHS Standard Contract with NHS England or any NHS ICB in England for the required service. 

NHS Choice Framework - what choices are available to you in your NHS care - GOV.UK