NHS & neurodevelopmental

Right to Choose referral checklist.

Patient choice can be powerful, but it is not “pick any provider and the GP must send it”. Check the referral route, provider, service and clinical appropriateness before deciding where the problem sits.

FreePrintableReviewed 16 August 2026

NHS England guidance: for qualifying elective mental-health referrals, patients may have a legal right to choose a clinically appropriate provider holding a qualifying NHS Standard Contract for the service required, subject to exceptions and the circumstances of the referral.

Not clinical advice.

This checklist cannot decide whether a provider/service is clinically appropriate for an individual patient. That belongs to the referring clinician/provider.

1. Eligibility questions 2. Provider checks 3. Referral status 4. Diagnose the problem 5. Escalation questions

1. Basic eligibility questions

England?Right-to-choose rules described here are for NHS care in England.

First outpatient referral?Choice rights generally concern the first outpatient appointment in the relevant elective referral pathway.

Referral route?Check who is making the referral and whether the route falls within the choice rules.

Exception?Urgent/crisis care, existing treatment/onward referrals and certain detained/custodial situations can fall outside the legal right.

2. Provider / service check

Requested provider
Exact service required
Provider says it accepts this type of NHS referral?
Provider holds a qualifying NHS Standard Contract for that service?
Age / geography / clinical criteria checked?
Current provider instructions / referral form

3. Track the referral

Date	Action	Who	Reference / evidence	Status / response	Next step

4. What is actually stuck?

GP / referrer issue

Unclear refusal, referral not sent, clinical appropriateness concern, or requested provider not discussed.

Provider issue

Referral not received, rejected, missing information, eligibility/contract question, or provider-specific process.

Commissioning / ICB issue

Funding, contract or system-level interpretation of patient choice.

Waiting-list issue

Referral is valid and accepted but the question is the wait itself, not whether choice was offered.

5. Questions before escalating

Please confirm the exact reason the requested referral has not been made / accepted.
Is the reason clinical appropriateness, eligibility, contract status, referral route, missing information or another issue?
Which published guidance, contract criterion or policy is being relied upon?
Who is the correct decision-maker if the issue is not controlled by the person replying?
What complaint or review route is available if the issue remains unresolved?

Sources & review

Last reviewed: 16 August 2026. This resource is practical information for England, not legal or clinical advice. Check the linked source if your situation turns on a deadline, appeal right or legal interpretation.

NHS — how to access mental health services / right to choose NHS England — patient choice guidance NHS England — Choice

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