THE Scottish Tories have called on the Education Secretary to clarify parents’ rights to withdraw their child from controversial primary school tests.

The party has urged John Swinney to make a parliamentary statement on the issue, arguing the legal position is mired in confusion.

Graeme Logan, a deputy director at the Scottish Government, sent a letter to councils stating parents did not have the option to opt out of the Scottish National Standardised Assessments. He said only in “exceptional circumstances” could a child be withdrawn from the literacy and numeracy tests the Scottish Government said it had taken advice from the Society of Local Authority Lawyers in Scotland (Solar), but the organisation told The Herald it did not provide a view.

The call for clarity came after Swinney announced changes to the testing regime for primary one pupils following criticism from the education sector.

Tory education spokeswoman Liz Smith said: “It is not at all clear as to whether parents have a right to withdraw their children from the primary one tests.

“The Scottish Government’s own education department issued a letter stating that parents did not have a right to withdraw their children unless there were ‘exceptional circumstances’ and this statement was based on legal advice provided.

“It turns out no such legal advice exists so it is only right that the Cabinet Secretary makes a statement to the Scottish Parliament as soon as possible to explain and clarify exactly where parents stand.”

In an open letter to parents of P1 children, Swinney said he had listened to feedback and had agreed “enhancements” to the assessments in order to “provide extra reassurance”.

Teachers have said the test is too difficult, with young children lacking the computing skills to undertake the online assessments.