Right to Choose in Scotland

The short answer

Right to Choose does not apply in Scotland. It is a legal right that belongs to patients registered with a GP in England only. If you live in Scotland and are registered with a Scottish GP, you cannot use Right to Choose to get an NHS-funded ADHD or autism assessment from a private provider.

We know that is not the answer many people are hoping for. So this page explains what Right to Choose actually is, why it stops at the border, and, most importantly, what routes are open to you in Scotland.

What Right to Choose actually is

Right to Choose is part of the patient-choice framework in NHS England. It lets eligible patients choose which provider carries out certain kinds of NHS care, including some ADHD assessments, as long as that provider holds the right NHS contract. The NHS then funds the assessment, at no cost to the patient. Because approved private providers often have shorter waits, people in England have used it to be seen faster than the standard NHS route.

To use it, a person must (among other things) be registered with a GP in England and living in England at the point of referral, assessment and treatment, and their GP must agree the referral is appropriate. If someone moves and registers with a GP outside England, their eligibility ends. ADHD UK has a full explainer.

Why it does not apply in Scotland

Health is devolved, and NHS Scotland is a separate system from NHS England with its own rules. The patient-choice legislation that creates Right to Choose is English law, and it has no Scottish equivalent. The Scottish Government has confirmed, in response to a Freedom of Information request, that it holds no information on Right to Choose because it is not a service available in Scotland, and that it has not funded ADHD assessments through any such scheme.

In short: there is currently no mechanism in Scotland that lets you use NHS funding to choose a private ADHD or autism assessment.

Why you may have seen it suggested anyway

A great deal of ADHD information online is written for a UK-wide or English audience, and many private clinics promote Right to Choose prominently because it sends them NHS-funded referrals. That content rarely spells out that the route is closed to anyone registered with a Scottish GP. If you are in Scotland and a website invites you to "use your Right to Choose", it does not apply to you, whatever the page implies.

What you can do in Scotland instead

You are not out of options. They are just different ones:

• NHS referral through your GP. Ask your GP to refer you to your health board's adult ADHD or neurodevelopmental service. Waits are long and vary a lot by board: see our NHS pathway and waiting times by health board.
• Pay for a private assessment. This is the main way to be seen quickly in Scotland. Our independent comparison tool lists private providers with costs and waits, and our going private guide explains what a good assessment looks like.
• Screen yourself first. A self-screener will not diagnose you, but it gives you something concrete to bring to your GP.
• Plan for prescribing. If you get a private diagnosis and want NHS medication afterwards, read about shared care, and what to do if your GP declines to prescribe.
• Know what to expect. Our guide to assessment tools and what to expect demystifies the process before you book.

Could this change?

Possibly. The Scottish Government is working with the National Autism Implementation Team (NAIT) on a single national diagnostic pathway for adult ADHD and autism. That work is about improving NHS assessment, not creating a Right to Choose-style route, and it has not yet shortened waits. We track the commitments and progress on our State of ADHD & autism care in Scotland page.

References

• ADHD UK: Right to Choose
• Scottish Government: Adult and Child ADHD Assessments (FOI release)
• SPICe: ADHD in Scotland, prevalence, treatment and private care

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