A crowdfunding appeal has been launched to raise £15,000 to pay for legal fees for a challenge to the practice of charging for music tuition in state schools.

Ralph Riddiough, a community musician from Ayrshire, believes councils are breaking the law by charging fees.

The majority of Scotland’s 32 local authorities have either introduced or increased fees for instrumental tuition in the current school year, with some hiking the cost by as much 85 per cent.

Although the Scottish Government provides funding to local authorities so they can provide education free of charge, instrumental tuition - provided outside the classroom setting - is classed as an additional discretionary service.

Because of that, individual councils have taken the view it is up to them whether they charge.

Mr Riddiough, a partner at Ayr firm Kilpatrick & Walker, believes it is legally incorrect to class instrumental tuition as “discretionary” and “non-core to the curriculum” under the 1980 Education Scotland Act.

He said: “Fees in state schools are wrong. They are divisive. They exclude some children.

“Children who have access to the specialist tuition in small groups will arrive in fourth year at secondary school with a huge advantage over children who have been priced out.

“This tuition needs to start in primary school. We have known this in Scotland for decades.”

Mr Riddiough said “discretionary” really meant that local authorities delivered the tuition from their own funds rather than with money from the Scottish Government.

Key to Mr Riddiough’s argument is that fact the Scottish Parliament’s education and skills committee issued a report earlier this year that found a “lack of clarity” over whether tuition necessary to prepare for music exams would legitimately be subject to charging.

The report said: “While Cosla states that instrumental music tuition is not statutory, there is a risk that this position interprets legislation in light of practice rather than adopt practice in light of legislation.”

This case follows numerous petitions and national campaigns against the damaging impact of charging.

A recent report into music education estimates there is currently an unmet demand for lessons from 100,000 children in Scotland.