NHS patients given extended rights under NHS Constitution

From the end of January, all NHS organisations are legally forced to take account of patients’ rights and pledges established by the NHS Constitution.

The Constitution was introduced under the Health Act 2009 and details patients’ rights to NHS services and level of care. Stipulations set out in the constitution include:

* Readily available drugs that have been certified by the National Institute for Health and Clinical Excellence (NICE)
* Improved access to NHS services
* Choice over where to receive care
* Right to be treated with dignity and respect by NHS staff

Further points of note allow patients a right to die in their own home, access to NHS dentistry as well as key diagnostic tests for suspected cancer patients within one week of a GP’s diagnosis.

All NHS organisations are now legally obliged to take account of the rights and pledges outlined in the NHS Constitution, which came into force on 19 January 2010.

The constitution was published one year ago and sets out a number of patient rights including legal rights to access NHS services and drugs and treatments approved by the National Institute for Health and Clinical Excellence. From January, NHS organisations must have regard to all the rights and pledges in the NHS Constitution when making decisions about the services they provide to patients.

“As the NHS continues to improve, so will its Constitution,” said Health Secretary Andy Burnham.

“This landmark document gives patients and staff real power to know what they can expect and what they can demand – demands that cannot go unchecked by the NHS from today. All the improvements it makes can be safeguarded for future generations.”

The Government will have a legal duty to renew the Constitution every 10 years and no Government will be able to change the Constitution, without the full involvement of staff, patients and the public.

Birkett Long’s Health and Social Care Team has a depth and breadth to its knowledge and experience in this sector, which is second to none. Based in Essex we know the local healthcare market well, but also advise on national and regional projects for a wide range of clients in this sector. See the Health and Social Care section of our website.