Humza Yousaf complaint against Dundee nursery upheld

The couple spoke in August after they made a complaint about the nursery

A formal complaint made by Health Secretary Humza Yousaf about a nursery he accused of discriminating against his daughter has been upheld.

A statement from the Care Inspectorate said it had found that Little Scholars in Broughty Ferry "did not promote fairness, equality and respect" when offering placements.

Mr Yousaf and his wife say they were told there was no space for their child but said applicants with "white Scottish-sounding names" were accepted. The nursery had denied the accusations.

A spokeswoman for Little Scholars said: "Whilst the Care Inspectorate found our admission procedure could be improved, this had nothing to do with discrimination or equality.

"Within a few days of becoming aware of Mr Yousaf and Ms El-Nakla's complaint, we reviewed and updated our system for dealing with admissions."

A statement from the solicitor of Mr Yousaf and Nadia El-Nakla said the couple felt "vindicated" by the Care Inspectorate ruling.

It said: "They are first and foremost loving parents who would do anything to protect their children.

"Humza and Nadia were left deeply upset when they believed their young daughter Amal was being discriminated against and that is why they took action they did."

• Minister reports nursery over discrimination fears

• Minister launches legal action against nursery

When Mr Yousaf's wife Nadia El-Nakla applied for a space for the couple's two-year-old daughter, Amal, she said she was told there was no availability.

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

Speaking at the time he reported the nursery in August, Mr Yousaf told the BBC: "I'm really upset that at the age of two, my daughter, though she's oblivious to it all, has suffered discrimination.

"Tell us why three Muslim-sounding families were rejected and in some cases, less than 24 hours later, white Scottish families were accepted.

"There can be no reasonable explanation for that, and if there is one, then tell it to us.

"But so far, the nursery has failed to do so."

The nursery has previously denied allegations of discrimination

A spokesperson for the Care Inspectorate said: "We have upheld a complaint in relation to this matter.

"We found that the service did not promote fairness, equality and respect when offering placements.

"Every child in Scotland has the right to good quality care that meets their needs and respects their rights."

"We have identified areas for improvement and we will follow up on these to check on progress.

"We continue to monitor this service. If we are not satisfied that the improvements required have been met, we will not hesitate to take further action."

'No available spaces'

Following the initial concerns from Mr Yousaf and his wife, a Daily Record investigation submitted applications with identical requirements to the nursery under the names Aqsa Akhtar and Susan Blake.

The newspaper said Aqsa Akhtar had her application rejected, but Susan Blake's was accepted and offered spaces.

Ms El-Nakla said she had emailed nursery bosses in May, asking if there were any available places.

The couple alleged they were told there were "no available spaces in the nursery" - the second time they said they had been turned down.

But they claimed that two days later when a white friend asked if there were spaces for her two-year-old son, the nursery told her places were available on three afternoons a week.

Little Scholars Day Nursery said back in August that any claim that it was not open and inclusive to all was "demonstrably false".

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