Nursery in 'discrimination' row sued for £30,000 by minister's wife

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

A nursery accused of discrimination by Health Secretary Humza Yousaf has said it will "robustly defend" a £30,000 damages claim against it.

Little Scholars in Broughty Ferry said it had received confirmation that Mr Yousaf's wife Nadia El-Nakla has launched the legal action.

The couple say they were told there was no space for their daughter but said applicants with "white Scottish-sounding names" were accepted.

The nursery denies the accusation.

A spokeswoman said it was "saddened, but not wholly surprised" that legal proceedings had been raised, describing the five-figure sum sought as "astonishing."

• Minister reports nursery over discrimination fears

She said: "They have previously demanded an apology but we cannot apologise for something we haven't done, no matter the pressure applied to us, simply to halt what we feel has become a vendetta against a small nursery."

Ms El-Nakla's solicitor Aamer Anwar confirmed that a legal writ had been lodged at Glasgow Sheriff Court this week.

He said that if his client's action was successful, any potential compensation would be donated to an anti-racist charity of her choice.

The nursery denies allegations of discrimination

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.

In August, little Scholars Day Nursery said that any claim that it was not open and inclusive to all was "demonstrably false".

Formal complaint

A formal complaint made by the couple was upheld last week by the Care Inspectorate.

The watchdog said in a statement that it had found the nursery "did not promote fairness, equality and respect" when offering placements.

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

The nursery said that while the Care Inspectorate found its admission procedure could be improved "this had nothing to do with discrimination or equality."

Its spokeswoman said: "We were always confident that last week's Care Inspectorate report would find no evidence of discrimination and that proved to be the case when it dismissed the complaint that our nursery manager failed to display good character and integrity."