*
banner

Legal challenge to be mounted against discretionary charges in Scotland

A crowdfunding appeal is top be launched to challenge the legality of charging for discretionary music services in Scotland.

Money
  There are different approaches and different levels of charges for the services in the Scottish local authorities.

Despite the Scottish Parliament's Education & Skills Committee publishing a recent report that strongly recommended its support for free music tuition in local authorities, the battle to stop the charges being imposed is still being fought.

Crowdfunding

The latest move is once again being spearheaded by Ralph Riddiough, a partner at Ayr based firm Kilpatrick & Walker who also plays trombone with the Dalmellington Band.

He is seeking secure crowdfunding to mount a legal challenge against the implementation of charges for what is seen as a discretionary service in the majority of Scotland's 32 local authorities.

Ralph believes that it is incorrect to legally class instrumental tuition as discretionary and not a core part of the education curriculum. He feels that the subsequent charges have been applied in contravention of the 1980 Education Scotland Act.

Discretionary

In an on-line article published in 'The Herald' newspaper Ralph is quoted as saying: "The fees turn on the word 'discretionary'. Everyone seems to think that education is only education if local authorities deliver it using the money sent to them by the Scottish Government.

Discretionary really means that local authorities deliver the tuition and they fund it from their own funds. The money used to pay for tutors and the cost of repairing instruments comes from local authorities' own coffers and that's why the word discretionary has come about. That seems to be fair game for fees."

The challenge will be partly based on the recent findings and recommendations of the Education & Skills Committee report entitled; 'A note of concern: The future of instrumental music tuition in schools'.

The report was published by a 11 member cross-party committee who took evidence from a variety of sources; including parents, teachers, students, musicians and a number of different educational sources and interested parties.

The report stated that there was "a lack of clarity" whether charging for instrumental tuition in senior secondary education was legitimate4BR

Lack of clarity

The report stated that there was "a lack of clarity" whether charging for instrumental tuition in senior secondary education was legitimate.

It also recommended that that the Scottish Government clarified the "legal basis for such charges" in line with its view that it believed that "instrumental music tutors should be considered to be part of core education provision."

Ralph plans to launch his fundraising campaign on crowdfunding site CrowdJustice in the coming weeks, with the intention of taking one local authority to court to ask a judge to clarify the position.

"Asking a court to decide what is and what is not education if it isn't delivered in a classroom of 30 kids carries risk, I know,"he said. "But I think the case is strong."

Become a supporter and help make our future secure.

4barsrest continues to be a proudly independent voice. There are no paywalls to overcome to be able to enjoy what we do to keep our journalism at the heart of the brass banding world. Support us with a one-off donation or subscribe from just £2.50 per month.

Support us    


BBE

Significant impact brings Editor's Award for BBE

February 1 • The outstanding work of Brass Bands England led by its Brass Foundations Team has been presented with the prestigious Music Teacher Magazine 'Editor's Award' at the Music and Drama Education Awards (MDEA) 2025.


Superbrass

Superbrass Saturday: 25 years of music to celebrate

February 1 • There is a quarter of a century of great music for every level and genre of brass playing to enjoy with the Superbrass catalogue


bbca

Worldwide appeal for conducting prize

February 1 • Entries are now sought from conductors wishing to following in the footsteps of So Matsukawa in winning the Brass Band Conductors' Association's flagship competition.


WaTer

Water aid for players from Blossom Hill

February 1 • If its hydration you require for the Areas this year then why not have a swig in style...


Regent Hall Concerts - The Band of the Grenadier Guards

Friday 31 January • Regent Hall (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Junior Guildhall Brass Band

Friday 7 February • Regent Hall (The Salvation Army). 275 Oxford Street. London W1C2DJ


Contest: Norwegian National Brass Band Championships

Friday 7 February • Grieghallen, Bergen, N-5015. N-5015


Contest: Norwegian National Brass Band Championships

Saturday 8 February • Grieghallen, Bergen, N-5015 N-5015


Haverhill Silver Band - Concert in Clare Church

Saturday 8 February • St Peter and St Paul Church, Clare, Suffolk CO10 8NY


Bilton Silver Rugby Band

February 1 • Due to some seating changes, Bilton Silver (Rugby) requires a percussionist to join our Championship Section band for the Midlands Regional contest. Rehearsals are held on Monday and Friday at 7-45pm in our own purpose built bandroom.


Reading Spring Gardens Brass Band

January 30 • Reading Band (current joint 1st place in the L&SC 4th section grading tables and 2024 4th section National Finalists) needs a FLUGEL for the Regional contest on 15th March! Rehearsals in Woodley (RG5) on Thursday evenings with our MD Stephen Bucknell.


Summerbridge & Dacre Silver Band

January 29 • Assistance Principal cornet who is willing to take on solos and lead the band if our principal cornet is away.. We are preparing for a concert with Carlton Main and other concerts in the dales


John Maines

BA (Hons)
Presenter, compere and conductor


               

 © 2025 4barsrest.com Ltd