Understanding
Right to Choose

NHS Right to Choose gives patients in England greater control over where they receive NHS outpatient care, including ADHD assessments, offering an alternative pathway when local waiting times are long.
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Overview

NHS Right to Choose allows patients in England to choose where they receive their NHS outpatient care, including ADHD assessments. Where long local waiting lists exist, this pathway enables referral to an alternative NHS-commissioned provider elsewhere in England.

For ADHD clinicians, understanding how Right to Choose operates is increasingly important. Many patients are actively requesting it, yet awareness and interpretation of the framework can vary between GP practices and local NHS systems.

This page outlines the legal basis, eligibility criteria, referral mechanics, and practical considerations specific to ADHD services.

The Two NHS Pathways for ADHD Assessment

When considering ADHD assessment for adults or children, there are generally two broad routes:

  1. Local NHS pathway
    The GP refers to the local commissioned ADHD service and the patient joins the local waiting list.
  2. NHS Right to Choose pathway (England only)
    The GP makes a clinically appropriate referral, and the patient chooses an alternative NHS-commissioned provider anywhere in England.

Right to Choose does not apply in Scotland, Wales, or Northern Ireland, as healthcare is devolved and equivalent patient choice legislation has not been implemented in the same way.

What Right to Choose Legally Covers

Right to Choose is a patient choice right within NHS England. It applies when:

  • The patient is registered with a GP practice in England
  • The GP has agreed that an outpatient referral is clinically appropriate

It is important to distinguish between:

  • The clinical decision to refer, which remains the responsibility of the GP
  • The choice of provider, which is the patient’s legal right under the Right to Choose framework

A useful way to conceptualise this is:
The clinician decides whether a referral is clinically indicated. The patient decides where that referral is sent, provided the provider meets eligibility criteria.

Provider Eligibility Criteria

Patients cannot be referred to any provider of their choosing. The selected provider must:

  • Hold an NHS commissioning contract with an Integrated Care Board (formerly CCG) or NHS England for the relevant service
  • Provide the service under consultant or appropriately qualified mental health professional leadership

Many ADHD assessment services accessed under Right to Choose are independent sector organisations contracted to provide NHS services to NHS standards. These providers operate within NHS clinical governance frameworks.

If medication is initiated, prescriptions are issued under NHS arrangements.

Restrictions and Exclusions

Right to Choose does not apply in certain circumstances. Patients are not eligible if they are:

  • Already receiving elective mental health treatment for the same condition
  • Accessing urgent or crisis mental health services
  • Detained under the Mental Health Act 1983
  • In secure psychiatric services
  • In prison or certain secure custodial settings
  • Serving members of the armed forces (although family members living in England retain rights)
  • Referred to services commissioned solely by a local authority, unless under a Section 75 agreement
  • Accessing services delivered solely through a primary care contract

These exclusions are defined within NHS England guidance and should be reviewed when complex circumstances arise.

Common GP and System Queries

Clinicians frequently raise the following questions:

Is an Individual Funding Request required?
No. An IFR is not required where the provider holds a qualifying NHS contract.

Does the Integrated Care Board need to approve the referral?
No additional permission is required if the provider meets the eligibility criteria under Right to Choose.

Does ADHD assessment fall within the Right to Choose framework?
Yes. ADHD outpatient assessment falls within scope, provided the conditions outlined above are met.

Outsourced ADHD Providers

Several NHS systems commission ADHD assessment services from independent providers. These are often informally referred to as “Right to Choose providers,” although legally they are simply NHS-contracted providers eligible under the framework.

Patients may request direct referral to one of these providers rather than entering their local waiting list.

Each provider sets out its own referral process, typically requiring:

  • Completion of referral forms
  • Supporting clinical information
  • GP submission of referral documentation

Clinicians should advise patients to review the chosen provider’s referral guidance carefully to avoid administrative delays.

Medication and Shared Care Considerations

Many outsourced ADHD providers initiate medication but require a Shared Care Agreement with the patient’s GP for long-term prescribing.

This creates several practical considerations:

  • Not all GP practices are willing to enter shared care agreements
  • Patients should confirm their GP’s position before proceeding
  • Some provider lists can be filtered based on shared care requirements

Clinicians should ensure patients understand that refusal of shared care may affect ongoing prescribing arrangements.

Current System Pressures and Ongoing Changes

Right to Choose has significantly reduced access delays for many ADHD patients in England. However, increasing demand has led to local commissioning tensions and, in some areas, attempts to restrict referrals.

Policy and commissioning arrangements are evolving. Clinicians should remain alert to:

  • Updated NHS England guidance
  • Changes in provider contracts
  • Local Integrated Care Board communications

As this is a dynamic area of healthcare policy, advice may change over time.

Clinical Best Practice

For ADHD clinicians, the key principles are:

  • Ensure referral is clinically justified
  • Inform patients of their Right to Choose where applicable
  • Confirm provider eligibility
  • Clarify shared care expectations
  • Document patient choice clearly within referral correspondence

A well-informed approach reduces delays, supports patient autonomy, and helps ensure equitable access to ADHD assessment services across England.

Conclusion

NHS Right to Choose is a lawful and established patient choice mechanism within England. For ADHD assessments, it provides an alternative pathway where local waiting times are prolonged.

Clinicians play a critical role in understanding the framework, supporting informed patient decisions, and navigating referral logistics appropriately.

Clear communication, accurate documentation, and awareness of commissioning criteria are central to ensuring this pathway operates effectively and in accordance with NHS policy.

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Learn how to conduct a detailed developmental history that aligns with gold-standard diagnostic approaches.
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Assess social, familial, and educational factors that influence ADHD presentation and support holistic care.
11.

Review Co-occurring Health Conditions

Understand the significance of screening for mental and physical health issues that may influence or mimic ADHD.
12.

Communicate the Diagnosis Effectively

Develop the skills to discuss ADHD diagnoses sensitively and clearly with patients and their families.
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With the UK facing a growing ADHD diagnosis crisis, NHS waiting lists now average 2–3 years due to the high demand for assessments. By taking this course, you’ll not only gain specialist skills but also play a crucial role in alleviating this crisis. As a healthcare professional, you’ll be making a meaningful difference to individuals in urgent need of timely support and helping to address the ADHD backlog.

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