Opposition politicians are calling for the Scottish government to apologise to parents over a “misleading” email from a top civil servant stating they could not opt out of controversial national tests.

Last week Tes Scotland exclusively revealed that Graeme Logan, a deputy director in the Scottish government’s learning directorate, wrote to councils stating that parents did not have the right to opt out of new literacy and numeracy tests in P1, P4, P7 and S3, apart from in “exceptional circumstances”.

Mr Logan quoted advice from Solar (the Society of Local Authority Lawyers and Administrators in Scotland), stating: “Solar have advised us that parents don’t have the option to opt out of the assessments, explaining that all children...will participate.”

However, a spokesman for Solar has told The Herald newspaper that the body did not provide a view to the Scottish government on the controversial literacy and numeracy assessments.

He said: “Solar has not advised the Scottish government that parents don’t have the option to opt out of the assessments. Solar does not have an agreed position on this matter and has therefore not provided any formal or informal view.

“To clarify, Solar works alongside other stakeholders, including the Scottish government, on a number of matters, but we cannot and do not provide any stakeholder with legal advice.”

The Scottish government said it had worked closely with Solar during the development of the assessments.

A spokeswoman said: “Having asked Solar for a view, we received a response and communicated that to directors of education in good faith.”

Parents ‘have the right to withdraw from P1 tests’

However, Iain Gray, education spokesman for the Scottish Labour Party, said it was “utterly unacceptable” for parents to have been misled and called for an apology.

He said: “Parents and teachers, who were appalled when Mr Logan told them pupils could not opt out of these tests, will be further shocked to discover the letter was based on an assertion which does not appear to be true.”

Concerns were also expressed by members of the Play Not Tests campaign, set up to encourage parents in P1 to opt out of the assessments.

Sue Palmer, chair of Upstart Scotland, which is driving the campaign, said: “Parents have the right to withdraw their children from the P1 tests. But, thanks to this strange letter, many headteachers are under the impression that this right doesn’t exist unless there are exceptional circumstances.”

A government spokesman said: “Assessments are not a new concept and the vast majority of local authorities have been carrying them out for years.

“The Scottish National Standardised Assessments ensure for the first time that all schools will undertake the same assessments, providing consistency and an important means for teachers to identify children’s next steps in learning. 

“That is especially valuable in early years if we are to continue to close the attainment gap.”

He added: “We see the assessments as an integral part of everyday learning for children and young people.

“As we have said previously, parents should talk to their child’s school if they have queries about any aspect of learning and teaching.”

Yesterday the Scottish government announced it had carried out a review of the first year of the tests and was making changes as a result.