Humza Yousaf set to take legal action against nursery accused of discrimination

Health secretary Humza Yousaf and his wife Nadia El-Nakla are set to take legal action against a Dundee nursery they accuse of discriminating against their two-year-old daughter.

The couple have requested a public apology and compensation be paid to an anti-racist charity within two weeks or action will be raised at Dundee Sheriff Court.

It is alleged that on three separate occasions attempts were made to secure a place at Little Scholars Day Nursery in Broughty Ferry for a child with a Muslim name and on each occasion, the applicant was told no spaces were available.

However, it is claimed when attempts were made to secure a nursery place for a child with a ‘white sounding’, non-Muslim name, on all three separate occasions a nursery place was offered.

All of the white parents were said to be invited to view the nursery but none of those with Asian/Muslim names were, nor were they contacted to be told about available spaces.

A spokesperson for the nursery owner said the company rejected allegations of racial or religious discrimination.

Acting on behalf of Yousaf and El-Nakla, solicitor Aamer Anwar confirmed he has been instructed to begin legal proceedings and said papers were served on the nursery on Monday in respect of a breach of the Equality Act 2010.

The act makes it unlawful to discriminate against a person when providing a service, which includes the provision of goods and facilities.

Yousaf and El-Nakla said in a statement: "Despite being given ample opportunity, Little Scholars Day Nursery in Broughty Ferry have failed to admit, explain or apologise for their discriminatory behaviour.

"We have both stood against hatred our whole lives, often being the targets of vile abuse. We will not accept our children being discriminated against by anyone. Like any other parents we simply want our children to be treated equally, regardless of their colour of skin or religion.

"We strongly believe we have evidence of systemic discrimination being carried out by Little Scholars Day Nursery. As passionate believers in the fairness of Scotland’s justice system, we have now instructed our solicitor, Aamer Anwar, to initiate court proceedings and are determined to fight for justice for our daughter."