Minister's wife goes ahead with legal action over nursery 'discrimination'

Court action is to be taken against a nursery over claims it discriminated against the wife and daughter of Scotland's health secretary.

Humza Yousaf and his wife Nadia El-Nakla said Little Scholars in Broughty Ferry said it had no availability after applying for two-year-old Amal.

They said applications submitted by friends and family for "white Scottish-sounding names" were accepted.

The nursery denies the claim, saying it welcomes children from all backgrounds.

Mr Yousaf and Ms El-Nakla previously reported the nursery to the Care Inspectorate but also instructed a solicitor to initiate legal proceedings unless Little Scholars apologised and made a donation to an anti-racism charity within two weeks.

That deadline has now passed with the nursery continuing to deny the allegation - and Ms El-Nakla is proceeding with the action at Dundee Sheriff Court.

A statement from their solicitor, Aamer Anwar, said: "On Monday August 9 2021, a claim was intimated on the Little Scholars Day Nursery, Broughty Ferry, Dundee, for a breach of the Equality Act 2010, in respect of alleged discrimination suffered by Nadia El-Nakla and her daughter, Amal Yousaf.

"We received a response from those acting for the nursery on Monday August 23 2021.

"This response refutes that there has been any discriminatory behaviour, but fails to provide a reasoned explanation as to why there were repeated refusals to accommodate children with Muslim/minority ethnic names, whilst at the same time children with white/Scottish names were offered nursery places.

"This is all despite the fact that other bodies including the Care Inspectorate and the Equality and Human Rights Commission have expressed an interest in this case.

"Under the circumstances, Nadia El-Nakla has no option but to proceed with court action against the nursery."

Little Scholars said previously that it had regularly welcomed children and staff from a range of backgrounds "including two Muslim families currently" and that its owners were themselves of Asian heritage.

A spokesman for the nursery said: "A full and detailed response to the allegations made by Humza Yousaf and Nadia El-Nakla has now been provided to his legal representatives. We abhor discrimination in all its forms and it is not and would not be tolerated at the nursery.

"We continue to refute the claims made by Mr Yousaf and Ms El-Nakla in the strongest possible terms and take pride in our position as an inclusive nursery that is open and welcoming to all."