A legal challenge to schools charging fees for musical instrument tuition is now set to go ahead after a campaign to raise funds for the case reached its initial target.
More than £15,000 has been raised by a crowdfunding campaign to fund a judicial review of the controversial fees, which are in place in many of Scotland’s local authorities.
While the Scottish Government provides funding for education, instrumental tuition - which is provided outside the classroom setting - is classed as an additional discretionary service.
Read more Legality of school music fees challenged with crowdfunding campaign
This has led to individual councils taking the view that it is up to them whether they charge for music lessons or not, with umbrella organisation Cosla’s position being that it is “a matter for local democratically elected representatives”.
Given the budgetary pressures most councils are now under, many have decided that “some level of charging” is required.
The issue has prompted widespread outcry after it was revealed that some councils are charging families more than £500 a year.
Ralph Riddiough, a solicitor and partner at Ayr firm Kilpatrick & Walker, launched the CrowdJustice campaign last month because he believes the fees are “pricing children out of part of the curriculum”.
Now that the target of £15,000 has been raised, the solicitors acting in the case, Balfour & Manson, can begin work to bring the proceedings to court.
Mr Riddiough said: “Now that the initial target has been met through the CrowdJustice platform, the legal work that can now begin.
“So we’ll be instructing a QC’s opinion and taking the steps and he or she advises.”
It is hoped that the legal advice will lead to a judicial review in the Court of Session seeking an answer on whether or not is is lawful for the local authorities to charge the fees.
Mr Riddiough, who claims that learning to play an instrument at school helped him to turn his life around, said that the initial funds will get the case to court and he is “limbering up to raise more money to see it all the way through”.
The father, who currently pays music tuition fees to his local council, added: “I’m fortunate to have a good job, my local authority charges fees and I pay them, it’s not difficult for me to pay them.
Read more Fees 'propping up' school music tuition say councils
“But I have friends who cannot afford to pay them and that just boils my blood, so it’s time to sort it out.”
The Scottish Government has consistently claimed it is up to local authorities to decide whether to charge for music tuition or not, but has said it would be “concerned by any decision that reduced access to instrumental music tuition”.
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