What is... the NHS Constitution?

A Guide for the Medico-Legal Community

The NHS Constitution for England is more than just a document, it's the ethical and legal backbone of the National Health Service (NHS). First published in 2009 and updated periodically, the NHS Constitution sets out the principles, values, rights, and pledges that govern the NHS.

For professionals involved in the medico-legal sphere, especially those providing expert witness services, understanding the NHS Constitution is essential.

In this blog, we explain what the NHS Constitution is, explore its legal and ethical significance, and discuss its relevance in medico-legal contexts - particularly in the work we do at Apex Experts.

What is the NHS Constitution?

The NHS Constitution as detailed by the UK Government sets out the guiding principles for NHS services in England. It exists to:

• Affirm the commitments the NHS makes to patients and the public.

• Define the rights and responsibilities of patients, staff, and organisations.

• Establish a framework for maintaining consistent, high-quality healthcare.

The Constitution includes seven guiding principles that reflect core NHS values, including:

1. The NHS provides a comprehensive service available to all.

2. Access to NHS services is based on clinical need, not an individual’s ability to pay.

3. The NHS aspires to the highest standards of excellence and professionalism.

4. The patient will be at the heart of everything the NHS does.

5. The NHS works across organisational boundaries.

6. The NHS is committed to providing best value for taxpayers’ money.

7. The NHS is accountable to the public, communities, and patients that it serves.

The Constitution is underpinned by statutory rights enshrined in law, such as the right to receive care that is safe and of a high standard, and pledges, which are non-binding commitments such as waiting time targets.

Why the NHS Constitution Matters in the Medico-Legal Context

In the realm of clinical negligence, inquests, and regulatory investigations, the NHS Constitution plays a critical role in determining whether healthcare providers have acted within the expected standards of practice.

For medico-legal professionals, especially nursing expert witnesses, the Constitution serves as a reference point for:

• Evaluating standards of care: Breaches of the values and rights enshrined in the Constitution may constitute a breach of duty.

• Understanding patient rights: Many claims revolve around breaches of patient autonomy, dignity, or informed consent - all central to the Constitution.

• Highlighting systemic issues: The Constitution encourages transparency, learning from mistakes, and putting patients first - key themes in medico-legal evaluations.

By aligning clinical assessments with the Constitution's principles, expert witnesses help courts and clients contextualise the behaviour of healthcare professionals within the broader ethical and legal framework of the NHS.

How Apex Experts Engages with the NHS Constitution

At Apex Experts, we provide medico-legal nursing expert witness services across a wide range of nursing specialisms. We pride ourselves on supporting nurse expert witnesses who not only understand clinical best practice but also remain attuned to the legal and ethical frameworks guiding modern healthcare - including the NHS Constitution.

Our Core Services Include:

• Expert Witness Reports: Our panel of senior registered nurses delivers condition and prognosis, breach of duty, and quantum reports for claimant and defendant cases.

• Medical Records Sorting and Pagination: We partner with leading providers to streamline case preparation, ensuring clarity and efficiency.

• Support and Training: Our experts receive full training, guidance, and administrative support, allowing them to focus on their clinical insights and opinions.

Why This Matters

When considering whether the standard of care provided by NHS staff met the expectations of a responsible body of medical opinion, as established in Bolam v Friern Hospital Management Committee [1957] and further clarified in Bolitho v City and Hackney HA [1996], the NHS Constitution adds a valuable layer of contextual integrity.

It bridges the gap between policy and practice, offering a lens through which systemic and individual failures can be examined more thoroughly.

Contact Apex Experts

Whether you're a legal professional seeking an authoritative nursing opinion or a healthcare practitioner looking to join our panel of expert witnesses, we’re here to help. Reach out today to learn more about our services or to speak with a member of our team about your specific medico-legal needs. Visit our Contact us page, call 0203 633 2213 or email info@apexexperts.co.uk

Conclusion

The NHS Constitution serves as a critical reference in shaping the standards of UK healthcare - legally, ethically, and professionally. For those operating within the medico-legal sphere, especially as expert witnesses, it provides a moral compass and legal benchmark by which to assess complex issues of care quality, patient rights, and clinical accountability.

At Apex Experts, we integrate the ethos of the NHS Constitution into every aspect of our work, ensuring that our contributions in legal cases are not just clinically sound, but also aligned with the broader values expected of the healthcare system.