Poole Hospital NHS Foundation Trust

New legal rights for patients added to the NHS Constitution

New legal rights for NHS patients in the South West came into force on Thursday 1 April as part of the NHS Constitution.

Anyone suspected of having cancer who is urgently referred by their GP will have the legal right to wait no more than 2 weeks to see a specialist, and people referred for elective procedures will have the legal right to start treatment within 18 weeks.

The rights have been added to the Constitution following a three-month public consultation period.

Health Secretary Andy Burnham said: “The NHS Constitution gives patients the right to get the services that they are entitled to, and the power to challenge the NHS where it does not deliver.

"These new rights build on the significant achievements of the NHS in bringing waiting times from referral to treatment down to an average of around 8 weeks, and saving lives through faster access to cancer specialists across the country.

"As the NHS continues to improve, so will its Constitution - that is why we are already looking ahead at future rights. We want patients to have the legal right to key diagnostic tests and results for patients who may have cancer within one week of seeing a GP, to die at home, to evening and weekend access to GPs, and to access to NHS dentistry.”

Nearly nine out of ten people who responded to the consultation supported proposals to give patients the right to maximum waiting times for elective treatment and for urgent cancer referrals, or for the NHS to look for an alternative provider if this is not possible.

From April 2012, a further legal right of five year health checks for people aged between 40 and 74 will come into force.

The Chairman of the South West Strategic Health Authority, Charles Howeson, said: "As the leader and guardian of the NHS Constitution for NHS South West I welcome these rights being added which is good news for patients.

"We will continue to work with all NHS organisations across the South West to ensure that these maximum waiting times, and the NHS Constitution as a whole, are embedded in everything we do.

"The NHS Constitution will form a key part of our vision for improving health services in the region.”

Date: 06 April 2010

Further information

For more information contact Karen Hollocks, Media & Communications Manager, on 01202 442269 or email karen.hollocks@poole.nhs.uk