*
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    


bbss

Free workshops for youngsters at Brass Band Summer School

July 9 • There will be a free Youth Brass Workshop at Wycliffe College as part of the 40th anniversary BBSS on 6th August. So need to be quick to book a place...


Kerkrade

Live stream action from World Music Contest

July 9 • You can enjoy all the brass band contests at the World Music Contest in Kerkrade this weekend.


Mead and Agnew

Mead adds test match credentials to tutoring

July 9 • Steven Mead met up with cricket broadcaster and test match cricketer Jonathan Agnew to give him a euphonium lesson.


NXTOD

More demand for NXTOD

July 9 • You can enjoy a great mini documentary from the recent Red Admiral March & Hymn Tune contest and sign up for more live brass banding.


Regent Brass - Living Lines

Sunday 5 July • St Saviour's, Pimlico, St.George's Square, Pimlico, London SW1V 3QW


Regent Hall Concerts - Royal Greenwich Brass Band

Sunday 5 July • St Alfege Church . Greenwich Church Street. London SE10 9BJ


Regent Brass - Brass on the Grass

Wednesday 22 July • The College Garden, Westminster Abbey, Deans Yard, London SW1P 3PA


Sherborne Town Band - Free Music in the park

Sunday 26 July • Sherborne, Dorset-Pageant Gardens DT9 3NP


Sherborne Town Band - Free Summer Concert- Trowbridge Park

Sunday 9 August • Summer Concert- Trowbridge Park BA14 8AH


Fulham Brass Band

July 7 • Principal Eb bass vacancy:. . Fulham Brass Band, under our inspirational new MD Alan Thomas, are looking for a top class Eb bass player to join us for the First Section National Finals in September and beyond as we seek promotion back to the Championship.


Sherborne Town Band

July 5 • We have positions available for dedicated players on Euphonium, Cornet and Trombone in our fun, friendly Dorset based band.


Bilton Silver Rugby Band

July 4 • The band requires an Eb bass player for our First section band conducted by Jack Fisher. We have a varied and expanding programme of events throughout the year, including our very well attended, themed concerts.


Kevin Wadsworth


Conductor, adjudicator, teacher (ABBA)


               

 © 2026 4barsrest.com Ltd