Last reviewed 1 November 2026 · Page updated 1 November 2026
Your rights on NHS waiting times
In England, the NHS Constitution gives you the right to start consultant-led treatment within 18 weeks of referral, and to be seen by a cancer specialist quickly if cancer is suspected, with some exceptions. You can usually choose your hospital for a first appointment. PALS can help with concerns. Scotland, Wales and Northern Ireland have different rules.
What is the 18-week right in England?
You have the right to start consultant-led treatment within a maximum of 18 weeks from referral for non-urgent conditions (NHS: Guide to NHS waiting times in England). The right does not apply if you choose to wait longer, if delaying is clinically right for you, or for some services such as maternity care, and some mental health services that are not consultant-led.
What can I do if I am going to wait longer than 18 weeks?
If you are likely to wait longer than 18 weeks, you can ask the hospital or the organisation that pays for your care (your integrated care board) to look into offering you a suitable alternative provider. Start by contacting the hospital’s waiting list team. If that does not help, PALS can advise you.
Can I choose which hospital I am referred to?
In England you can usually choose the hospital or service for your first outpatient appointment with a consultant-led team, including some independent hospitals that treat NHS patients (NHS: Your choices in the NHS; GOV.UK: The NHS Choice Framework). Choice does not apply to emergencies, some urgent referrals, or if you are in prison or serving in the armed forces, among other exceptions. Comparing waits can help you choose: see compare NHS trusts and the waits by specialty.
How do I raise a concern or complain about my wait?
| Step | Who | What they do |
|---|---|---|
| 1 | Hospital waiting list team | Checks your referral, your place in the process and any booking problems. |
| 2 | PALS | Gives confidential advice and helps sort out concerns informally. |
| 3 | Formal complaint to the trust or to your integrated care board | A written complaint under the NHS complaints procedure. |
| 4 | Parliamentary and Health Service Ombudsman | Can look at your complaint if you are unhappy with the NHS’s final response. |
More about PALS: NHS: What is PALS (Patient Advice and Liaison Service)?.
What are the waiting time rules in Scotland, Wales and Northern Ireland?
| Nation | Main waiting time rules | Source |
|---|---|---|
| Scotland | A legal Treatment Time Guarantee of 12 weeks from agreeing treatment to starting planned inpatient or day-case treatment; a standard that 90% of patients start treatment within 18 weeks of referral; 12 weeks for a first outpatient appointment; 6 weeks for key diagnostic tests. | NHS inform: waiting times in Scotland; Patient Rights (Scotland) Act 2011 |
| Wales | Targets that 95% of patients start treatment within 26 weeks of referral and that no one waits more than 36 weeks; no one waiting more than 8 weeks for a diagnostic test. | Welsh Government: NHS Wales performance framework |
| Northern Ireland | Targets that 50% of patients are seen for a first outpatient appointment within 9 weeks and no one waits more than 52 weeks; 75% of diagnostic tests within 9 weeks and none over 26 weeks. | Department of Health (NI): waiting times statistics, position at 31 March 2026 |
The Scottish guarantee is set in law but is often missed; if it is, the health board must explain why and tell you what will happen next. The Welsh and Northern Ireland figures are targets, not individual rights. See Scotland, Wales and Northern Ireland waiting times.
Can I pay privately for part of my care and stay on the NHS list?
Yes. Paying privately for some care does not take away your right to NHS care, but NHS and private care must be kept separate (Department of Health: Guidance on NHS patients who wish to pay for additional private care). See private or NHS scans.
Not medical advice. If your symptoms change or get worse while you wait, contact your GP or the team treating you. If it is not an emergency, NHS 111 online or calling 111 can tell you where to go, including urgent treatment centres, which often have shorter waits. Call 999 or go to A&E for life-threatening emergencies such as chest pain, difficulty breathing, severe bleeding or signs of a stroke.
Frequently asked questions
Is the 18-week wait a legal right?
Yes. In England it is a legal right set out in the NHS Constitution, with exceptions, for example if you choose to wait longer or it is clinically right to wait.
Does the 18-week right apply to cancer?
Suspected cancer referrals have their own, faster standards: a diagnosis or all-clear within 28 days, and treatment within 62 days of an urgent referral. See cancer waiting times.
Can I go to a hospital in another area?
In England you can usually choose any hospital in England that offers the right service for a first outpatient appointment, subject to some exceptions. Ask your GP.
Will complaining delay my treatment?
Raising a concern or complaint should not affect your care. PALS can explain the options.
What else might help?
- Where am I on the NHS waiting list?: How to check your waiting list, who to contact and what the NHS App shows.
- How long does an NHS referral take?: The 18-week clock, what happens after a GP referral, and waits by specialty.
- Urgent and fast-track scan waiting times: Urgent and routine scans, the 28-day cancer standard, and getting results.
- Private or NHS scan: what you need to know: NHS scan waits, how private scans work and moving back to NHS care.
- Compare NHS trusts on waiting lists, scans, cancer and A&E
Who wrote this page and where do the figures come from?
Written and maintained by the Waiting Times UK editorial team at Oaknest Media Ltd, an independent publisher that is not part of the NHS. Every figure is taken from an official publication, shown with its date, and linked below; where we add up or compare figures ourselves we say so. This page has not been reviewed by a clinician and is not medical advice. Text last checked by the editorial team on 1 November 2026; page last updated 1 November 2026.
- NHS: Guide to NHS waiting times in England
- NHS: Your choices in the NHS
- GOV.UK: The NHS Choice Framework
- NHS: What is PALS (Patient Advice and Liaison Service)?
- Parliamentary and Health Service Ombudsman
- NHS inform: waiting times in Scotland
- Patient Rights (Scotland) Act 2011
- Welsh Government: NHS Wales performance framework
- Department of Health (NI): waiting times statistics, position at 31 March 2026
- Department of Health: Guidance on NHS patients who wish to pay for additional private care
Official statistics are reproduced under the Open Government Licence v3.0. See data sources and methods and about Waiting Times UK.
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