Anyone suspected of having cancer who is urgently referred by their GP will have the legal right to wait no more than 2 weeks to see a specialist, and people referred for elective procedures will have the legal right to start treatment within 18 weeks.

Health Secretary Andy Burnham said:

The NHS Constitution gives patients the right to get the services that they are entitled to, and the power to challenge the NHS where it does not deliver.

These new rights build on the significant achievements of the NHS in bringing waiting times from referral to treatment down to an average of around 8 weeks, and saving lives through faster access to cancer specialists across the country.

As the NHS continues to improve, so will its Constitution that is why we are already looking ahead at future rights. We want patients to have the legal right to key diagnostic tests and results for patients who may have cancer within one week of seeing a GP, to die at home, to evening and weekend access to GPs, and to access to NHS dentistry.

As the NHS strives to move from good to great and becomes more people-centred and preventative, the Constitution will ensure that all the improvements it makes can be safeguarded for generations to come.

In a recent consultation, nearly nine out of ten people supported the proposals to give patients the right to maximum waiting times for elective treatment and for urgent cancer referrals, or for the NHS to look for an alternative provider if this is not possible.

From April 2012, all those eligible aged 40-74 will have the legal right to an NHS Health Check every five years to assess their risk of heart disease, stroke, diabetes and kidney disease.

Work is already underway on future rights. The Department of Health is working with Thomas Hughes-Hallett of Marie Curie to develop a right to die at home, and the previous consultation received public, patient and stakeholder support for a future right to waiting times for cancer diagnostics. We have commenced plans for patients suspected of having cancer to get key diagnostic tests within one week of seeing a GP. From 2011/12, the initial focus is on providing the tests and results associated with lung, colorectal and ovarian cancer within two weeks and subject to the necessary funding being available, this will then be expanded to include the relevant tests and results for all cancers within one week.