03/09/2026
Wales does not have the same constitutional rights as England see below
The NHS Patients' Constitution does not exist in Wales in the same way it does in England.
Key Differences
England: Has a formal, statutory NHS Constitution (introduced via legislation in 2009/2010) that explicitly outlines legal rights for patients, such as the maximum waiting time targets (e.g., the 18-week referral-to-treatment target) and the right to choose a hospital provider.
Wales: Does not have a formal "Patients' Constitution". Instead, the rights and standards for patients in Wales are set out through Welsh Government health policies, local health board frameworks, and strategic guidance rather than a single constitutional document.Patient Choice:
The statutory right to choose a specific hospital for elective care does not operate in the Welsh NHS in the same legal form as it does in England; the Welsh system focuses instead on delivering care locally.
Prescription Charges:
While prescription charges are listed under patient fees and exemptions in England's framework, prescriptions are entirely free for all residents registered with a Welsh GP.
Cross-Border RulesYour rights and the waiting time targets that apply to you depend on your place of residency and GP registration, rather than where you physically receive treatment.
Patients registered within the Welsh NHS system are treated according to Welsh standards, even if receiving care across the border in England, and vice versa.NHS England &England / Wales Cross-border Healthcare Services
Statement of values and principles * This Statement sets out the values and principles agreed between the NHS in Wales and the NHS in England to ensure smooth transition of treatment
England NHS
Your rights as an NHS patient are outlined in The NHS Constitution for England, which guarantees you free healthcare, professional treatment, and a direct say in your medical decisions.
Access to Care Free treatment: You can use NHS services without paying, except for specific rules like prescriptions or dental charges.
Choosing a GP: You have the right to register with a local GP surgery of your choice, provided they are taking new patients.
Choosing a hospital: You can choose which hospital or clinic you go to for your first appointment with a specialist.Quality and SafetyHigh standards:
You must be treated by qualified staff in a clean, safe environment.Dignity and respect:
Staff must treat you with compassion, respect your privacy, and protect your personal data.
No discrimination: The NHS cannot refuse you care based on your age, s*x, race, religion, disability, or s*xual orientation.
Decisions and InformationConsent: Doctors must explain your treatment options, including risks and benefits, and you must agree before any test or treatment happens.
Refusing care: You have the right to say no to medical treatment if you are mentally able to make that choice.
Medical records: You have the right to access your own health records.
Complaints Raising concerns: If you are unhappy with your care, you have the right to make a complaint and get a proper investigation. You can contact your local hospital's PALS (Patient Advice and Liaison Service) for quick, on-the-ground support