Right to Choose referral problem
If the GP says no, first find out what the “no” actually means.
Right to Choose is a legal patient-choice framework, but it does not remove the need for an appropriate referral or make every provider suitable for every patient. A useful challenge separates clinical appropriateness, provider eligibility, paperwork and local misunderstanding.
Four different problems can look like the same refusal
Clinical appropriateness
The GP may decide that a referral for assessment is not clinically appropriate on the information currently available.
Provider / service eligibility
The provider must be able to accept the relevant NHS-funded referral and its own inclusion or exclusion criteria may matter.
Referral paperwork
Providers can require particular forms, supporting information or referral routes. An incomplete request is different from a refusal of patient choice.
Understanding of the framework
Sometimes the disagreement is about whether the legal choice framework applies. That should be checked against current NHS patient-choice guidance rather than assumptions.
What to ask the GP practice
- Please confirm whether you consider a referral for assessment clinically appropriate.
- If not, what information or clinical reason is the decision based on?
- If referral is appropriate, what is the reason the requested Right to Choose provider cannot be used?
- Is there a provider eligibility, age, service, contract or referral-form issue?
- What alternative referral route is being offered?
Check what the provider actually offers, whether assessment is remote or in person, what happens after diagnosis, and — for ADHD — how medication, titration and any shared-care request would work. Right to Choose does not guarantee a faster assessment or identical follow-up arrangements. Compare current RTC provider options and service scope.
Kent & Medway pathway context
Local neurodevelopmental pathways and Right to Choose arrangements have changed in recent years. Some Kent and Medway child pathways use professional-only referral routes, while Right to Choose is a separate patient-choice route that generally requires a GP referral. Always check the current local service and provider information before relying on an older pathway.
Practical parent-advocacy guidance, not legal or clinical advice. Reviewed 18 August 2026 against the official sources linked on this page. See how we write, check and correct guidance.
Official sources / further reading
NHS Choice Framework (GOV.UK) ↗NHS England patient choice guidance ↗NHS autism assessments / Right to Choose overview ↗Kent & Medway NHS autism FAQs / Right to Choose ↗Reviewed 18 August 2026. Right to Choose and local commissioning arrangements can change quickly; current NHS guidance and the chosen provider's eligibility rules take priority.
Questions parents ask
Answers for parents and carers in England. These answers were checked on 27 September 2026; use the linked official source where your next step depends on a legal duty or process.
Can my GP refuse a Right to Choose referral?
A GP must consider clinical appropriateness and whether the choice rules apply. Ask for the specific reason in writing: clinical judgement, eligibility, provider scope and administrative delay are different issues. If you believe an applicable choice right has not been respected, use the practice complaints route or appropriate commissioner route rather than assuming every refusal has the same remedy.
Find the appropriate complaint route.
Official source: NHS Choice Framework.