The Charter of Patient Rights and Responsibilities tells you about your rights and responsibilities when using NHS services in Scotland.
If you’re under 16, your rights and responsibilities around confidentiality, consent and feedback be slightly different but no less than an adults.
Confidentiality means that anyone who looks after your health has to keep information about you private. This may be doctors, nurses, pharmacists or other health workers.
Confidential information includes:
You can talk to health workers about anything to do with your health.
Health workers must keep your information confidential if you talk to them about something personal, such as:
They may share information about you with other health workers who are looking after you to make your care safer, easier and faster.
They’ll only share information that is needed to give you the best care.
If there are particular things that you don’t want to be shared, tell your health worker.
If they think you are at risk of serious harm or you are in danger, they may have to tell another adult about it to be able to help you. But even then, they should tell you they’re going to do this and explain who they will tell and why.
Sometimes the law allows the health service to share information about you without you agreeing to it. This would only happen if you have an illness that puts other people at risk, such as meningitis.
You should be able to see your health records if you want to know about treatment that you’ve had, or check that information about you is correct.
Your health records should be presented in a way that you can understand with any codes or words you don’t understand explained to you.
It’s your choice whether to look at your health records. If you choose to see them, you may have to pay a cost. However, you will be told about this first.
To find out more about seeing your health records, ask to speak to the practice manager at your GP surgery, or the records manager at the hospital.
Find out more about health records
Sometimes, people who inspect child protection services may ask to look at the records of children who have been involved with these services. This is to make sure that children are protected from harm.
These inspectors must keep your personal information safe and private, unless they think you are in danger.
If you think that what you’ve told a health worker hasn’t been kept private or that something in your health records is wrong, you should:
If you’re still unhappy, it’s okay to make a complaint.
Find out how to give feedback or make a complaint
Consent means agreement. Anyone involved in looking after your health has to have your agreement before they can examine or treat you.
You can give consent if you can:
You may not feel able to give consent for some things, some decisions are more difficult than others.
Before you give consent, you may find it helpful to speak to a parent, guardian, advocate or another adult you trust. They will help explain things to you and help you express your views.
Even if you can’t give your consent, you can still be involved in discussions about your health care.
If you can’t give consent, your parent or the person who looks after you will be asked for their consent to your examination or treatment.
If it’s an emergency, doctors can treat you without your consent or the consent of a parent or guardian if:
Decisions about consent will be made by your doctor or someone else looking after your health.
In order to make a decision they need to be sure you understand:
The doctor, nurse or other health worker must explain things to you in a way you can understand. If they don’t do this, you should ask them to explain more clearly.
If you’re unhappy about their decision, you can contact a support organisation for help.
Find out more about health rights support for young people
You can give your consent by saying you agree, doing something to show you agree or signing an agreement form.
If your doctor asks to examine your foot, you can show you agree to this by removing your shoe.
If the examination or treatment is complicated, like an operation, they will ask you to sign a form.
You can change your mind about giving consent at any time by telling the person looking after you.
Before doing so, you should understand how this could affect your health.
You can ask as many questions as you want about your health and care.
You might want to know:
You should also ask if you would like:
You can refuse to have an examination or treatment as long as you understand how this could affect your health.
Your doctor and your parent or the person who looks after you should always listen to you, even if they disagree with your decision.
If you have a very serious condition and refuse treatment, your parent or guardian may disagree with you and want to discuss your case with a lawyer. If this is the case, your opinion will still be listened to and you can have your own lawyer to help you.
The Scottish Law Centre provide free and confidential legal advice for young people.
If you’re not happy about the way you were involved in decisions about your care and treatment, you should:
If you’re still unhappy, it’s okay to make a complaint.
You should always provide feedback about the care you receive. This will help make the NHS better for you and other young people.
You can tell us about anything that is important to you. We would like to hear your comments, suggestions or concerns about:
There are many ways to give feedback, including:
You can provide feedback to your health board:
Before making a complaint, you should try speaking to one of the health workers who is looking after you. Sometimes a problem can be sorted out on the spot.
If you don’t want to do this, you can:
You can find the contact details of who to complain to at your health board by:
When making a complaint you should give as much information as you can. This will help us look into your complaint as quickly as possible.
You should include the following information when making a complaint:
After receiving your complaint, the NHS will try to sort it on the spot. If this is not possible, you will be written to within 3 working days to let you know that it is being looked into and what will happen next. Your complaint will then be investigated further and you will be written to within 20 days to let you know what’s happened.
In this letter, you will find:
The NHS handles all complaints in a way that ensures everyone is treated fairly, regardless of age or location.
You can find support to make a complaint about the NHS through one of the many organisations setup to give help and advice to young people around their rights.
If you’d like more information about the health rights of young people or have any questions, you may find the following organisations can help.
The Scottish Child Law Centre offers free and confidential legal advice for young people.
This is the only law centre in Scotland dedicated to young people.
SCCYP can give you information about your rights and tell you about organisations that can help you.
Last updated:
13 June 2023