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ADHD Choice Tell us what looks wrong

The NHS Right to Choose pathway for an ADHD assessment in England, explained without the spin

Right to Choose lets you pick who assesses you for ADHD on the NHS in England, once your GP agrees a referral is appropriate. It does not shorten the queue and it does not apply everywhere. Here is what it actually does.

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What Right to Choose actually gives you

Right to Choose is a duty on NHS commissioners in England, set out in regulation 39 of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012. When your GP makes a non-urgent referral, that duty says you must be offered a choice of any clinically appropriate provider holding a qualifying NHS contract, and a choice of the team that will lead your care.

Read that sentence again for what it does not say. It does not oblige your GP to refer you. Regulation 39(6) makes a provider clinically appropriate only in the opinion of the person making the referral, and NHS South West London ICB puts the same point plainly in its own step list: your GP will decide whether a referral for an assessment is appropriate. The choice is real, and it only opens once that decision has gone your way.

It also does not say you will be seen quickly. The same ICB answers the question directly: Right To Choose does not guarantee quicker assessment. Providers are funded through Indicative Activity Plans agreed with each integrated care board, so a provider can accept your referral in March and still be working through its list in December.

Every figure here is sourced, and the gaps are marked

The independent ADHD taskforce reported in June 2025 that there are no national reports on waiting times for adults. Where a number does not exist, or exists but could not be read at source, this site says which of the two it was instead of inventing one, and each page lists the pages it was read from.

How this site sources things

Guides and resources

What Right to Choose actually gives you

One thing, precisely: a choice of who assesses you, at the moment a referral is being made. Not the referral itself, not a date, and not a provider outside the contract net.

The regulation behind Right to Choose

Part 8 of the Standing Rules Regulations 2012 contains the whole thing: regulation 38 defines the referral, 39 creates the duty, 40 and 41 remove services and people from it.

Is Right to Choose a legal right?

The NHS calls it a legal right and a regulation imposes a real duty. It is also secondary legislation, conditional on a contract, and it carries no timing promise. All of those are true together.

Who the Right to Choose duty leaves out

Two lists exclude people from the choice: one in the regulations, one written by each provider. The second one is longer, less visible and the more common reason a referral goes nowhere.

What a qualifying NHS contract means

Your choice reaches providers that hold a specific kind of contract, defined in four parts by regulation 39(8). That definition is also where the current rationing happens.

What Indicative Activity Plans mean for you

Commissioners now agree in advance how much assessment activity they will fund with each provider. Your right to choose that provider is unchanged. The queue behind it is not.

What changed in 2025 and 2026

A taskforce reported, NHS England issued prioritisation advice, and commissioners started capping funded activity. The entitlement did not move; the capacity behind it was rationed.

How to check your ICB's current position

Local rules differ and move, and no national list of them is reliable. Two checks give you the current answer: your integrated care board's own page and your GP practice.

How to ask your GP for a Right to Choose referral

Come with impairment, not with the law. The pathway is rarely the sticking point; whether an assessment is clinically appropriate for you is.

See all 36 guides

Found something here that looks wrong or out of date?

If something on this site is unclear, out of date or wrong, tell us. We answer questions about how the pathway works and we correct sourced material against its source. We are not the NHS and we cannot refer you, chase a referral or check a waiting list.

Tell us what looks wrong
Tell us what looks wrong