*
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    


Shine

Ready to shine? NYBBGB offer audition skills workshops

March 14 • There are a trio of FREE audition skills workshops on offer from the National Youth Brass Band of Great Britain to help young player's skills sets.


Doodles

Doodles Area boost

March 14 • The expert mouthpiece replating servicer has enjoyed an Area boost — with more to come.


Brett Baker

Baker to head west and west again

March 14 • Brett Baker will head to Swansea and then on to the USA for a busy period of playing...


Band Supplies

Band Supplies seeks new retail manager

March 14 • The leading brass and woodwind retailer is looking to add to their team.


Regent Hall Concerts - London Central Fellowship Band

Saturday 7 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Regent Hall Band of the Salvation Army

Tuesday 10 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Queen Victorias Consort

Friday 13 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


Regent Hall Concerts - Slide Effect Trombone Quartet

Friday 20 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London. . W1C2DJ


Regent Hall Concerts - Welsh Guards Band Septet

Friday 20 March • Regent Hall. (The Salvation Army). 275 Oxford Street. London W1C2DJ


North Somerset Community Brass

March 13 • We are looking to appoint an MD/Conductor for our keen and enthusiastic non contesting band.. .


Oxted Band

March 13 • CORNET & TROMBONE - Our friendly, ambitious band is looking for a Cornet player (position negotiable) and Trombonists (1st and Bass) to complete our line up for 2026. Led by MD Darrell Scholes, we have a wide range of engagements and events planned.


North Somerset Community Brass

March 13 • Cornet and bass players required. We are a fun and relaxed non contesting band and are looking to swell our numbers. Players of any instrument will be very warmly welcomed, but we would really love some more cornets and basses (instruments available).


David W. Ashworth

RSCM, ABBA Exec Member, NABBC PRO.
Conductor, Band Trainer and Adjudicator


               

 © 2026 4barsrest.com Ltd