Why Right to Choose is an England pathway

The duty is imposed on commissioners in England by an English statutory instrument, and the NHS says its related rights apply only to services commissioned by the NHS in England.

The short version

The Standing Rules Regulations 2012 impose the duty on NHS commissioners in England.
The NHS states that the right to maximum waiting times only applies to services commissioned by the NHS in England.
The referral has to come from a GP, and the pathway runs from a practice in England.
Nothing on this site describes the Welsh, Scottish or Northern Irish arrangements.

Health is devolved across the United Kingdom, and this pathway is a creature of one jurisdiction. That is not a technicality: it determines who owes you the duty and who you complain to when it is not offered.

Where the boundary comes from

The instrument is the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, made under the National Health Service Act 2006. The bodies it binds are English NHS commissioners.

The NHS restates the boundary in its own consumer guidance on waiting times, saying that the right applies only to services commissioned by the NHS in England and does not include public health services commissioned by local authorities, maternity services, or non-consultant-led mental health services.

The choice itself is described the same way. The NHS says that in most cases, you have a right to choose which mental health service provider you go to in England.

What travels and what does not

Within England the reach is wide. NHS West and North London ICB describes Right to Choose as letting adults or children choose an independent provider through the NHS from anywhere in England, so a provider several counties away can be a valid choice.

Across a national border, nothing here transfers. A different health service commissions differently, and the statutory duty described on this site does not bind it.

Wales, Scotland and Northern Ireland

This guide covers England only. We do not describe how referrals work in Wales, Scotland or Northern Ireland, because a wrong answer could send you down the wrong route.

If you live in one of those nations, ask your GP or your own health service how to be referred for an ADHD assessment.

Questions people ask about this

Does Right to Choose apply across the whole UK?

No. It is a duty on NHS commissioners in England, created by an English statutory instrument, and the NHS states that the associated waiting-time right applies only to services commissioned by the NHS in England. Within England the choice is wide: an ICB describes it as choosing an independent provider through the NHS from anywhere in England.

Can I register with an English GP to use Right to Choose?

Registration with a GP practice in England is the entry point that NHS South West London ICB describes, but whether registering with a practice outside the area you live in is possible or appropriate is a question for that practice and for your own health service. This site has no source on cross-border registration and does not advise on it.