NHS and waiting times

What is NHS patient choice and how do you use it?

The short answer

NHS patient choice is your right, in England, to choose which clinically appropriate provider delivers your first outpatient appointment when a GP refers you — including qualifying independent-sector providers at NHS cost. You exercise it at referral, often through the e-Referral Service. Choice does not apply to urgent or emergency care, and it is NHS-funded: it is not private treatment.

Written by Dior Teshayev. Reviewed by Emma Leadbetter.

Published 2026-09-15. Last reviewed 2026-09-15. Next review due 2026-12-15.

RTT pathways waiting, England, July 2026
7.3m [1]
Within 18 weeks, England, July 2026
65.4% [1]
Median wait, England, July 2026
12.0 wks [1]
Waiting over 52 weeks, England, July 2026
111,379 [1]

What to know about NHS patient choice

  1. NHS waiting-time figures are published measures of a system, not personal forecasts. Read more
  2. The NHS Constitution and Choice Framework give you defined rights while you wait. Read more
  3. Moving between NHS and private care is allowed, but payment and records must be kept separate. Read more
  4. Insurance never changes your NHS queue position; it only funds eligible private treatment. Read more
  5. The four UK nations measure waits differently, so cross-border comparisons mislead. Read more

What the published figures actually measure

England’s official measure is the referral to treatment (RTT) clock, which runs from a defined referral event to the start of consultant-led treatment or another clock stop. The July 2026 press notice, published on 10 September 2026, reported 7.3 million incomplete pathways — around 6.2 million individual patients — with 65.4% waiting within 18 weeks against the 92% constitutional standard. The median wait was 12.0 weeks, while 111,379 pathways had waited more than 52 weeks, 9,095 more than 65 weeks and 235 more than 104 weeks. [1]

Because the statistics count pathways rather than people, one person can appear more than once, and monthly totals can also be affected by trusts unable to report. The data hub explains the coverage and methodology for each release. [2] For NHS patient choice, the discipline is to quote the figure, its date and its coverage together — never a number alone. In May 2026 NHS England announced that the 18-week performance figure had reached 65.3% in March 2026 as part of its elective reform programme. [10][20]

England RTT headline figures, end of July 2026 (published 10 September 2026)
MeasureJuly 2026 figureHow to read it
Incomplete pathways7.3 millionPathways still waiting, not individual people
Estimated unique patientsAround 6.2 millionNHS England estimate behind the pathway count
Within 18 weeks65.4%Against the 92% constitutional standard
Median wait12.0 weeksHalf of waiting pathways below this point
Over 52 weeks111,379 pathwaysThe longest-wait tail the reform programme targets
Over 104 weeks235 pathwaysSmall but persistent multi-year waits

Your rights while you wait

The NHS Constitution for England states that you have the right to access certain services commissioned by NHS bodies within maximum waiting times, or for the NHS to take all reasonable steps to offer you a range of suitable alternative providers if this is not possible. [3] The accompanying 18-week guidance explains how the right operates in practice for consultant-led treatment. [4] Read together with our guide to the NHS 18-week standard, the right is to be offered suitable alternatives — not a promise of a particular date.

The NHS Choice Framework and NHS England’s patient choice guidance add the practical machinery: at referral you can usually choose the provider for a first outpatient appointment, compare options and book through the e-Referral Service. [6][7][8][9] The Ombudsman has found that poor information about choice can itself delay access to care, which is why keeping a written record of what you were offered matters. [15]

Acting on NHS patient choice

What works well

  • Choice can move you to a provider with a shorter NHS wait.
  • The e-Referral Service makes options visible and bookable.
  • Independent-sector providers can be chosen at NHS cost where commissioned.

What to watch

  • Choice applies mainly to first outpatient appointments, not every stage.
  • Urgent and emergency pathways are excluded.
  • Options depend on what is commissioned locally — choice is not unlimited.

How to use choice at referral

Choice happens at the moment of referral: your GP refers you, you compare the providers offered, and you book — directly or through the e-Referral Service, which shows available providers and appointment information. The NHS Choice Framework describes which choices apply at which points, and NHS England’s patient choice guidance sets the duties on referrers to make choice real. The Ombudsman has found that poor explanation of choice has itself denied people access, so ask explicitly if options are not offered.

NHS England’s elective reform programme and its partnership agreement with the independent sector both describe using additional capacity to bring waits down, including NHS-funded treatment delivered by independent providers. [19][20] That is different from paying privately yourself: under patient choice, NHS-funded independent-sector treatment costs you nothing. The CMA’s private healthcare work, by contrast, concerns the commercial self-pay and insured market where you or your insurer pays. [18]

Moving between NHS and private care

The Department of Health’s guidance on NHS patients who wish to pay for additional private care remains the reference point: private elements must be clearly separated from NHS-funded care, and you keep your NHS entitlements. [17] In practice the risks are administrative rather than legal — records not transferred, results not shared, or an assumption that one private step obliges the NHS to schedule the next. Confirm in writing who holds the record, who communicates results and which organisation pays for each stage.

If insurance is involved, authorisation is a separate track again. At referral, ask which providers you can choose, how their waits compare, and whether the e-Referral Service can show you current availability. A provider accepting insured patients generally does not mean your specific policy will pay, and an insurer’s decision belongs in writing before any booking. Our guides on what private health insurance covers and how an excess works explain the payment mechanics.

Using choice for one referral

Assumptions: the reader is comparing access and payment routes only. Clinical suitability has already been discussed with the appropriate healthcare team. No provider price is assumed where it has not been published and verified.

Referral type
First outpatient appointment
Providers offered
[E-REFERRAL LIST REQUIRED]
Wait comparison
[PROVIDER INFORMATION REQUIRED]
Cost to you
None — NHS-funded

The result is a documented decision path, not a fabricated comparison. Where a provider, insurer or NHS service has not supplied a current written figure or decision, the honest entry remains a visible placeholder until the reader replaces it with their own dated document.

What insurance can and cannot do here

A private medical insurance policy is a contract that funds eligible private treatment. It does not move you up an NHS list, it does not guarantee a particular private appointment, and it does not retrospectively cover a condition that predates the policy. Underwriting decides what sits inside or outside cover — see how medical underwriting works — and pre-authorisation decides whether a proposed claim will be paid.

RTT performance against the 18-week standard, England
Constitutional standard92%
March 2026 (announced May 2026)65.3%
July 202665.4%
Source: see [1]

The gap between the 92% standard and the 65.4% delivered in July 2026 is the context in which people weigh NHS choice options against self-pay or insured private routes. [1][3] None of these routes is a clinical decision, and none is universally faster or better: each carries its own cost, eligibility and continuity questions that this guide sets out without recommending any one of them.

How the four nations differ

Scotland, Wales and Northern Ireland run their own health services with their own standards and publications. Public Health Scotland’s 28 July 2026 release (data to 30 June 2026) estimated 580,545 people on at least one new outpatient, inpatient or day-case waiting list, with 63.6% of new outpatients seen within the 12-week standard in June and the 12-week Treatment Time Guarantee met for 56.3% of admissions. [11] The Welsh Government’s August 2026 summary reported just over 689,700 pathways waiting in May 2026 — around 542,600 individual patients — with 65.0% waiting under 26 weeks. [12][13]

Latest verified waiting-time measures across the four UK nations
NationLatest verified measureStandard it is judged against
England65.4% within 18 weeks, July 202692% within 18 weeks (RTT)
Scotland63.6% of new outpatients within 12 weeks, June 202695% within 12 weeks (outpatients)
Wales65.0% of pathways under 26 weeks, May 202626-week referral-to-treatment target
Northern IrelandSeparate outpatient, inpatient and diagnostic releases, June 2026 [STATISTIC REQUIRED: headline NI figures]Regional waiting-time standards

Northern Ireland’s Department of Health published its June 2026 waiting-time statistics on 3 September 2026; the interactive dashboard behind them could not be verified figure-by-figure in this research pass, so we cite the publication rather than quote numbers. [14] Because the nations measure different events against different standards, a headline comparison across borders is not meaningful without reading each methodology.

A practical record to keep while you wait

  1. Confirm your referral status Check that the referral was received and ask which service and pathway you are on.
  2. Ask about choice at referral If you are being referred for a first outpatient appointment, ask what providers you can choose between.
  3. Record every communication Keep dates, names, reference numbers and what you were told about expected waits.
  4. Respond to validation requests Hospitals may contact you to confirm you still need the appointment; reply promptly to stay on the list.
  5. Separate NHS and private payment If you consider a private step, get written confirmation of cost, records and who pays for each stage.
  6. Use formal routes for concerns Raise problems through the provider’s patient advice service and, if unresolved, the Ombudsman.

“On NHS patient choice, I would keep the NHS and insurance questions completely separate. A policy does not change an NHS queue, and an NHS entitlement does not depend on whether you hold insurance. What I would check in writing is what the policy would pay for privately — eligibility, authorisation and any personal contribution — and what the NHS is offering in parallel, so the reader compares documented facts rather than assumptions.”

Adviser insight — Stuart Hendy, PMI Expert and Head of Publishing, PremierPMI, PremierPMI

If communication about your wait has gone wrong

Start with the hospital’s patient advice and liaison service or the complaints route of the relevant NHS body, stating the facts and the dates you recorded. If that does not resolve the issue, the Parliamentary and Health Service Ombudsman considers complaints about NHS services in England and publishes examples of its casework on waiting-time communication and patient choice. [15][16] Complaints about an insurer’s handling of a related claim follow a separate route through the insurer and then the Financial Ombudsman Service — see who regulates health insurance in the UK.

For the wider picture, read the NHS 18-week standard, what private health insurance covers and what a private MRI scan costs. Those guides explain the rights framework, the insurance contract and the self-pay prices that sit around the questions in this guide.

Common questions

Do waiting-time statistics tell me how long I personally will wait?
No. Published statistics are population measures, not personal forecasts. NHS England’s July 2026 press notice reported 7.3 million incomplete pathways, a median wait of 12.0 weeks and 111,379 pathways waiting more than 52 weeks — but any individual wait depends on the specialty, hospital, clinical priority and local capacity. [1] The NHS guide to waiting times explains that the only figure that matters to you is the one your hospital gives for your own pathway. [5] For NHS patient choice, use national figures for context and ask the provider directly for your expected date.
What am I entitled to if my wait breaches the expected time?
The NHS Constitution gives you the right to access certain commissioned services within maximum waiting times, or for the NHS to take all reasonable steps to offer you a range of suitable alternative providers if that is not possible. [3] The government’s 18-week guidance explains how that right operates for consultant-led treatment. [4] The right is about being offered alternatives — it is not a guarantee of treatment by a fixed date, and the Ombudsman’s casework shows that poor communication about waits is a recurring source of complaints. [15][16]
Can I choose a different hospital to be seen sooner?
In England, when a GP refers you for a first outpatient appointment you generally have a legal right to choose the provider, which can include qualifying independent-sector providers commissioned by the NHS. [6][9] Choices can be compared and booked through the NHS e-Referral Service. [7] NHS England’s patient choice guidance explains the duties on referrers and commissioners. [8] Choice under these rules remains NHS-funded care; it is separate from paying privately or claiming on insurance. Availability still depends on what is commissioned locally, and choosing a different provider changes who treats you, not the clinical order of the list.
If I pay privately once, do I lose my NHS place or future NHS care?
Paying for a defined element of private care does not remove your entitlement to NHS services. The long-standing government guidance on NHS patients paying for additional private care sets out how the two funding routes should be kept separate and how responsibility transfers. [17] The practical issues are administrative: who holds your records, who communicates results, and which organisation is paying for each stage. Confirm those points in writing with each provider before moving between routes, and tell your NHS team when a private episode ends so continuing NHS care can be planned on accurate information.
Will my health insurance pay to skip the NHS waiting list?
A private medical insurance policy pays only for treatment that is eligible under its own terms — it does not buy you a different position on an NHS list. Whether a claim succeeds depends on when the condition arose, your underwriting basis, the policy benefits and pre-authorisation. Insurer and policy terms differ, and no general statement can replace a written decision on your own claim. See what private health insurance covers and how medical underwriting works before assuming a policy will fund a faster private route.
Are waiting times the same across the UK?
No. England, Scotland, Wales and Northern Ireland each publish their own statistics against different standards, so the figures are not directly comparable. In the most recent verified releases, England reported 65.4% of pathways within 18 weeks, [1] Scotland reported 63.6% of new outpatients seen within 12 weeks in June 2026, [11] and Wales reported 65.0% of pathways waiting under 26 weeks in May 2026. [12] Northern Ireland publishes separate outpatient, inpatient and diagnostic statistics through the Department of Health. [14] Because the standards differ, a lower percentage in one nation can reflect a tougher target rather than worse performance.
What can I do while I am waiting?
Keep your contact details current with the hospital, respond promptly to validation requests, and tell the service if your circumstances change. You can ask the referring clinician about alternative providers under patient choice, and you can raise concerns through the hospital’s patient advice service. [5][8] The Ombudsman has found that poor communication about waiting times can amount to service failure, so keep a dated record of what you were told. [16] The Health Guide does not advise on managing any medical condition — clinical questions belong with your healthcare team.
Where can I find clinical information connected with NHS patient choice?
The Health Guide does not provide diagnosis, symptom, treatment or prognosis information. This guide is limited to access, rights, cost and insurance. For clinical information use the NHS website and speak to the healthcare team responsible for your care. If your question is about what a policy will pay for a faster private route, ask the insurer for a written decision before booking anything, and keep that answer with your policy documents. NHS 111 can direct urgent clinical concerns, and your GP remains the right contact for anything about the condition itself.

Sources

  1. NHS England. NHS referral to treatment (RTT) waiting times data, July 2026 — Statistical Press Notice. 10 September 2026 (primary source)
  2. NHS England. Consultant-led Referral to Treatment Waiting Times Data 2026–27. Accessed 15 September 2026 (primary source)
  3. Department of Health and Social Care. The NHS Constitution for England. Updated 17 August 2023 (primary source)
  4. Department of Health and Social Care. Consultant-led treatment: right to start within 18 weeks. Updated 27 October 2022 (primary source)
  5. NHS. Guide to NHS waiting times in England. Accessed 15 September 2026 (primary source)
  6. NHS. Your choices in the NHS. Accessed 15 September 2026 (primary source)
  7. NHS. Book an appointment using the NHS e-Referral Service. Accessed 15 September 2026 (primary source)
  8. NHS England. Patient choice guidance. 19 December 2023 (primary source)
  9. Department of Health and Social Care. NHS Choice Framework. Updated 23 October 2024 (primary source)
  10. NHS England. Health service hits 18-week target amid half-a-million waiting list drop. 14 May 2026 (primary source)
  11. Public Health Scotland. Stage of treatment waiting times — new outpatients, inpatients and day cases, 28 July 2026 (data to 30 June 2026). 28 July 2026 (primary source)
  12. Welsh Government. NHS activity and performance summary: May and June 2026. 20 August 2026 (primary source)
  13. Welsh Government. Referral to treatment times: September 2011 onwards. Accessed 15 September 2026 (primary source)
  14. Department of Health (Northern Ireland). Northern Ireland waiting time statistics: outpatient waiting times, June 2026. 3 September 2026 (primary source)
  15. Parliamentary and Health Service Ombudsman. Poor information and understanding about patient choice affects access to assessment and care. Accessed 15 September 2026 (primary source)
  16. Parliamentary and Health Service Ombudsman. Case summary 557: Poor communication about waiting times for surgery. Accessed 15 September 2026 (primary source)
  17. Department of Health. NHS patients who wish to pay for additional private care. 23 March 2009 (primary source)
  18. Competition and Markets Authority. Private healthcare market investigation. Updated 2 July 2026 (primary source)
  19. NHS England. Elective recovery: a partnership agreement between the NHS and the independent sector. 6 January 2025 (primary source)
  20. NHS England. Reforming elective care for patients. 6 January 2025 (primary source)