NHS Constitution for England

The NHS Constitution for England is a document that sets out the objectives of the National Health Service, the rights and responsibilities of the various parties involved in health care, (patients, staff, trust boards) and the guiding principles which govern the service. First published on 21 January 2009 it was one of a number of recommendations in Lord Darzi’s report ‘High Quality Care for All’ as part of a ten-year plan to provide the highest quality of care and service for patients in England. Previously these rights and responsibilities had evolved in common law or through English or EU law, or were policy pledges by the NHS and UK government have been written into the document. It can be seen as a development of the ideas that began with the introduction of the Patient's Charter in 1991.

Unlike a real constitution, the document is not itself legally enforceable, though it purports to set out the rights that patients and staff. It is fairly brief, written in plain terms and is simple to understand. Accompanying is a handbook which gives more information to patients and staff about the document, and also provides detail on the legislation that underpins the rights. A statement of NHS accountability also gives a clear account of the NHS system of accountability, transparency and responsibility.

In summary, seven key principles guide the NHS in all that it does:

1.The NHS provides a comprehensive service, available to all irrespective of age, gender, disability, race, sexual orientation, religion, belief, gender reassignment, pregnancy and maternity or marital or civil partnership status. The service is designed to improve, prevent, diagnose and treat both physical and mental health problems with equal regard. . It has a duty to each and every individual that it serves and must respect their human rights. At the same time, it has a wider social duty to promote equality through the services it provides, and to pay particular attention to groups or sections of society where improvements in health and life expectancy are not keeping pace with the rest of the population.

2.Access to NHS services is based on clinical need, not an individual’s ability to pay (except in exceptional circumstances sanctioned by Parliament).

3.The NHS aspires to the highest standards of excellence and professionalism to provide high quality care that is safe, effective and focused on the patient experience; in the people it employs, and in the support, education, training and development that they receive; in the leadership and management of its organizations; and through its commitment to innovation and to the promotion, conduct and use of research to improve the current and future health and care of the population. Respect, dignity, compassion and care should be at the core of how patients and staff are treated, not only because that is the right thing to do, but because patient safety, experience and outcomes are all improved when staff are valued, empowered and supported.

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