Simone Lawson
The NHS Constitution for England sets out the rights of patients, the public, and staff, as well as the commitments and responsibilities of the NHS to these groups. The NHS Constitution is considered a 'declaratory document' that summarises existing legal rights without creating new ones. It is updated periodically to reflect changes in the health and care system, with the most recent update being released in autumn 2021. The Constitution outlines the values and principles of the NHS, including its commitment to patient-centred care, high-quality services, respect, dignity, and compassion. It also provides information on how patients can provide feedback and make complaints about NHS care and treatment. The NHS Constitution is available in multiple languages and is accompanied by a handbook that guides patients, the public, and staff on their rights and responsibilities.
| Characteristics | Values |
|---|---|
| NHS Constitution | Summarises existing legal rights and does not create new ones |
| Legal Duty | The government must renew the constitution every 10 years |
| Constitution Amendments | The NHS Constitution was amended on 1 April 2013 |
| Constitution Availability | The current constitution is available on the Department of Health website in a range of languages |
| Handbook | The Handbook to the Constitution is a guide to patients' rights and pledges, responsibilities of patients, the public and staff, and staff rights and NHS pledges to its staff |
| Patient Feedback | Patients can give feedback or make a complaint about NHS care or treatment |
| NHS Services | NHS services are free of charge, except in limited circumstances sanctioned by Parliament |
| NHS Commitments | The NHS is committed to providing the most effective, fair and sustainable use of finite resources |
| Patient Information | Patients have the right to ensure that those involved in their care and treatment have access to their health information |
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What You'll Learn
The NHS Constitution is a declaratory document
The NHS Constitution for England is a declaratory document that outlines the rights of patients, the public, and staff, as well as the responsibilities that these groups owe to one another. It is a summary of existing legal rights and does not create any new rights. The Constitution sets out the NHS's commitment to providing high-quality, safe, and effective care that is focused on patient experience and tailored to the needs and preferences of patients and their families. It also emphasises the importance of respect, dignity, compassion, and care in the treatment of patients and staff.
The NHS Constitution is a living document that is updated periodically to reflect changes in the health and care system. For instance, in 2013, the Constitution was updated to strengthen certain areas and make technical amendments in preparation for the introduction of the new health and care system. Additionally, the Health and Social Care Act 2012 strengthened the legal foundation of the NHS Constitution and placed new duties on the NHS Commissioning Board and Clinical Commissioning Groups to promote it.
As a declaratory document, the NHS Constitution is more than just a statement of rights and responsibilities. It serves as a guide for all NHS bodies, private and third-sector providers supplying NHS services, and local authorities delivering public health functions. These organisations are required by law to take into account the Constitution in their decisions and actions. The Constitution also sets out the NHS's commitment to working in partnership with other organisations, such as local authority services, other public sector organisations, and private and voluntary sector organisations, to improve health and wellbeing.
The NHS Constitution is subject to renewal by the government every 10 years and cannot be changed without the full involvement of staff, patients, and the public. This ensures that the Constitution remains relevant and responsive to the needs and priorities of those it serves. The Constitution is also accompanied by a handbook that acts as a detailed guide to the rights, pledges, and responsibilities outlined in the Constitution, providing clarity and transparency for all stakeholders.
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The Constitution is updated every 10 years
The NHS Constitution for England outlines the rights of patients, the public, and staff, as well as the NHS's commitments to them. It also outlines the responsibilities that the public, patients, and staff owe to one another to ensure that the NHS operates fairly and effectively. All NHS bodies and private and third-sector providers supplying NHS services are required by law to consider the Constitution in their decisions and actions.
The NHS Constitution is a declaratory document that summarises existing legal rights rather than creating new ones. It is updated periodically to ensure it remains current and relevant. The Constitution is updated every ten years by the government, which has a legal obligation to do so. No government can alter the Constitution without the full involvement of staff, patients, and the public.
The NHS Constitution was updated in 2013 to strengthen specific areas and make technical amendments to reflect the new health and care system. The Health and Social Care Act 2012 strengthened the legal foundation of the NHS Constitution and imposed new obligations on the NHS Commissioning Board and Clinical Commissioning Groups to promote it. The Act also extended the existing duty to uphold the NHS Constitution to the Secretary of State for Health and the newly formed bodies.
The NHS Constitution is accompanied by a handbook that acts as a guide to patients' rights and pledges, as well as the responsibilities of patients, the public, and staff. The handbook also outlines staff rights and NHS pledges to its staff. It provides information on how to resolve concerns and make complaints. The handbook was also updated in 2013 to reflect the changes in the Constitution.
The NHS Constitution is subject to periodic reviews and updates to ensure it remains aligned with the evolving healthcare system and the needs of patients, staff, and the public. These updates ensure that the NHS Constitution remains a living document that guides the NHS in delivering high-quality, patient-centred care.
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The NHS Constitution Handbook
Additionally, the handbook emphasises the commitment of the NHS to work in partnership with other organisations for the benefit of patients, local communities, and the wider population. It highlights the importance of effective resource utilisation and the dedication to providing high-quality care that is safe and tailored to the needs and preferences of patients. The NHS Constitution Handbook also acknowledges the role of feedback and complaints in improving the quality of care and outlines the steps individuals can take if they feel their rights have not been upheld.
Furthermore, the NHS Constitution Handbook underscores the values that underpin the NHS, including respect, dignity, compassion, and care for both patients and staff. It recognises the importance of valuing and empowering staff, as well as encouraging open and honest communication. The handbook also highlights the NHS's commitment to innovation, research, and continuous improvement in healthcare delivery.
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The NHS Constitution and patient rights
The NHS Constitution for England sets out the rights of patients, the public, and staff, as well as the NHS's commitments to them. It also outlines the responsibilities that the public, patients, and staff owe to one another to ensure that the NHS operates fairly and effectively. The NHS Constitution is a declaratory document that summarises existing legal rights without creating any new ones.
The NHS Constitution is accompanied by the Handbook to the NHS Constitution, which is renewed at least every three years. The handbook acts as a guide to patients' rights and pledges, as well as the responsibilities of patients, the public, and staff. It also outlines the rights of staff and the NHS's pledges to its staff. If a patient believes that a right has not been upheld or that the NHS is not meeting its commitments, they should first speak to their clinician or local NHS to resolve the issue. The handbook also refers to existing forms of resolving concerns, including the complaints process.
The NHS Constitution establishes the principles and values of the NHS in England, which guide the organisation in all that it does. These principles and values are underpinned by core NHS values derived from extensive discussions with staff, patients, and the public. The NHS is committed to working with other organisations to provide and deliver improvements in health and wellbeing and to make the most effective, fair, and sustainable use of finite resources.
The NHS Constitution is legally binding, and all NHS bodies, as well as private and third-sector providers supplying NHS services, are required by law to consider it in their decisions and actions. The Secretary of State for Health, local authorities in the exercise of their public health functions, and voluntary sector providers supplying NHS services must also take the Constitution into account. The Constitution will be renewed every ten years with the involvement of the public, patients, and staff.
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The NHS Constitution and staff rights
The NHS Constitution for England sets out the principles and values of the NHS, as well as the rights and pledges to which patients, the public, and staff are entitled. The Constitution applies to all staff, regardless of whether they are engaged in clinical or non-clinical work, and their employers. It also covers staff working in the public, private, or voluntary sectors.
Staff have extensive legal rights, which are outlined in the Handbook to the NHS Constitution. These rights include the right to:
- A good working environment with flexible working opportunities, consistent with the needs of patients and their lifestyles.
- Healthy and safe working conditions, free from harassment, bullying, or violence.
- Be treated fairly, equally, and without discrimination.
- Take a complaint about their employer to an Employment Tribunal under certain circumstances.
The NHS Constitution also includes expectations of staff, such as:
- Following relevant guidance, standards, and codes in their role.
- Maintaining the highest standards of care and service, treating individuals with compassion, dignity, and respect.
- Being honest and truthful in job applications and in the performance of their job duties.
The Constitution is considered a "declaratory document" as it summarises existing legal rights without creating any new ones. It is to be renewed every 10 years with the involvement of the public, patients, and staff. The accompanying Handbook to the NHS Constitution is to be renewed at least every 3 years, providing current guidance on the rights, pledges, duties, and responsibilities established by the Constitution.
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Frequently asked questions
The NHS Constitution came into effect on 1 April 2013.
The NHS Constitution outlines the principles and values of the NHS in England. It sets out the rights of patients, the public, and staff, and outlines the NHS's commitments to them.
If a patient feels that a right has not been upheld or that the NHS is not meeting its commitments, they should first speak to their clinician or local NHS. If this does not resolve the issue, they can seek legal redress.
The government has a legal duty to renew the Constitution every 10 years.
The current NHS Constitution can be obtained from the Department of Health website. It is available in a range of languages, along with a Handbook to the Constitution, which acts as a guide to patients' rights and pledges.
