A dispute between Scotland’s health secretary Humza Yousaf and a nursery over allegations of discrimination is likely to hit the courts.
A lawyer acting for Mr Yousaf and his wife Nadia El-Akla, gave Little Scholars’ nursery a two-week deadline to pay damages and publicly apologise, amid claims it refused their daughter Amal a place on racial and religious grounds.
But the two week deadline has passed and the Broughty Ferry nursery has not conceded to the couples’ request.
Acting for the couple, lawyer Aamer Anwar wrote to the nursery on August 9 alleging that it had “unlawfully discriminated against the Yousafs and their two year-old daughter on the grounds of race and/or religion”.
The letter claimed there was an “abundance” of evidence to back up the allegations, all of which the nursery vehemently deny.
Anwar said that unless the nursery met his clients’ demands, a court action would be raised under the Equality Act 2010.
The legal action follows a joint investigation by Nadia and the Daily Record, in which the nursery said it had no spaces available for three applicants who had ethnic, Muslim-sounding names, including Amal.
However, responding to fake inquiries from three mothers with non-ethnic names, the Dundee nursery said spaces were available.
Today Anwar issued a statement on behalf of Mrs El-Akla saying she “has no option, but to proceed with court action against the nursery”.
The legal proceedings will continue in Mrs El-Akla’s name as she instigated the investigation into alleged discrimination against her daughter.
Anwar said: “On 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 23rd August 2021 on the last day of the deadline.
"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.”
Mr Yousaf lodged a complaint with watchdogs, the Care Inspectorate, requesting it investigate contrasting responses from the nursery to the non-ethnic and ethnic-sounding applicants.
The nursery has consistently refused to comment publicly on the specifics of the differing email responses.
Mr Anwar has also asked the Equality and Human Rights Commission to investigate and if necessary take legal enforcement action against the nursery.
The nursery, however, insists it has responded to the allegations.
A spokesperson for Little Scholars Day Nursery said:
“A full and detailed response to the allegations made by Humza Yousaf and Nadia El-Nakla has been provided, however, we have yet to receive a response or even an acknowledgement to this.
"We abhor discrimination in all its forms and it is not and would not be tolerated at the nursery.
"Little Scholars Day Nursery takes take pride in being an inclusive nursery that is open and welcoming to all.
"We refute the claims made by Mr Yousaf and Ms El-Nakla and any proceedings raised will be robustly defended.”
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