THE Health Secretary and his wife have begun legal action against a nursery they allege discriminated against their daughter by refusing her a place.

Humza Yousaf and Nadia El-Nakla's lawyer, Aamer Anwar, said in a statement that his office served papers on Little Scholars Day Nursery in Broughty Ferry, Dundee, and its director, Usha Fowdar, on Monday, claiming a breach of the Equality Act 2010.

The couple allege that the nursery "unlawfully discriminated" against them and their daughter Amal, two, "on the grounds of race and/or religion".

The statement claims the nursery turned down attempts to secure a place for a child with an "Asian/Muslim name" three times but then offered places to children with "'white sounding', non-Muslim" names.

READ MORE: Nursery manager in Humza Yousaf discrimination row still working

Previously, a spokesman for the nursery owners said they were "extremely proud of being open and inclusive to all" and that "any claim to the contrary is demonstrably false and an accusation that we would refute in the strongest possible terms".

Yousaf and El-Nakla said in a joint 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."