*
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    


Spring Festival

Feedback to bring significant changes to Spring Festival

May 20 • The Mortimer family has responded to the feedback from the recent Spring Festival contests in Birmingham as concerns and complaints have been addressed.


UniBrass Band Camp

Time to sign up for Band Camp

May 19 • If you want to enjoy the UniBrass Band Camp experience this year then there is still time to sign up.


Bradwell Silver

Bradwell to celebrate 125th anniversary with special premieres

May 19 • Two newly commissioned works by composers Alan Fernie and Joe Galuszka will help Bradwell Silver Band celebrate its 125th anniversary this weekend.


nybbgb

75 youngsters to enjoy expert NYBBGB audition help

May 19 • 75 young players will enjoy expert tuition help at a trio of 'Ready to Shine' skills workshops later this month with the National Youth Brass Band of Great Britain.


Newstead Brass - Mansfield MVC - Brass and Voices

Sunday 24 May • Forest Town Arena. Clipstone Road West,. Mansfield NG19 0EE


Contest: Whit Friday March Contests

Friday 29 May • Saddleworth & Tameside OL3


The Hepworth Band - Brassband Burgermusik Luzern

Saturday 30 May • Dewsbury Minster, Vicarage Road, Dewsbury, West Yorkshire WF12 8DD


Fulham Brass Band - Summer Concert

Friday 5 June • St Dionis Church, Parsons Green SW6 4UH


Sherborne Town Band - Friends

Sunday 7 June • Sherborne, Dorset-Pageant Gardens DT9 3NP


Regent Brass

May 20 • Regent Brass (Championship Section) seek a Bb Bass to join our friendly, musically ambitious Central London band. We enjoy a varied and balanced schedule of concerts and contests, and regularly premiere new music.


wantage silver band

May 19 • Wantage Band (Championship Section) are looking for a BACK ROW CORNET player to complete the band. As current Welsh Open Champions and being placed third in Stevenage, it's an exciting time to join the band with a fantastic schedule of concerts coming up.


Harrogate Band

May 19 • We are looking for a front row and a back row cornet player to complete our team. Interesting mix of engagements and contests. Rehearsals Wednesday 8pm at our own bandroom located next to Hornbeam Park train station. Great transport links


Martin Heartfield

GGSM, ARCM, PGCE
Conductor, Adjudicator, Educationalist


               

 © 2026 4barsrest.com Ltd