HUMZA Yousaf's wife is suing a nursery accused of discriminating against his daughter for £30,000, the childcare centre has said.
A statement from the couple's lawyer this afternoon Aamer Anwar confirmed that a legal action had been raised against facility for an alleged contravention of Section 29 of the Equality Act 2010.
It added: "Any potential compensation awarded through court proceedings would of course be a matter for the Sheriff, however if successful, our client had instructed that this be donated to an anti-racist charity of her choice.”
The Health Secretary made a formal complaint to the Care Inspectorate earlier this year after the Little Scholars Day Nursery in Broughty Ferry, Dundee, said that there was no place available for two year-old Amal.
Yousaf said his wife, Nadia El-Nakla, had emailed the privately run facility in May and was told there was no availability. He said it was the second time their request had been rebuffed.
However, they claimed a friend, who is white, asked if there were spaces for her two-year-old son only two days later. The nursery told her places were available on three afternoons a week.
READ MORE: Complaint by Humza Yousaf into Broughty Ferry nursery upheld
The Daily Record newspaper made its own inquiries using fake names. A request made under the name Aqsa Akhtar for three-year-old Amira was rejected, whereas an application made by Susan Blake for Sophie, also three, was successful.
Little Scholars claimed the allegations were "demonstrably false", but an investigation by the Care Inspectorate found the nursery "did not promote fairness, equality and respect when offering placements".
The nursery disputed a statement made by the Care Inspectorate after the couple's complaint was upheld earlier this month.
In a statement to the press today the nursery said it was being sued for £30,000 and insisted the watchdog found "no evidence of discrimination".
“Given that fact, we are saddened, but not wholly surprised, to learn legal proceedings have now been raised by Nadia El-Nakla with an astonishing claim for £30,000 in damages in a continuation of this campaign against us.
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“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. We will therefore be robustly defending our staff and our business in any legal case which may arise.
“We remain sharply focused on the care of the children we look after and would like to extend our thanks to the families we work with and those within the local community who continue to support us through this."
The nursery was ordered by the Care Inspectorate to introduce measures so applications "are processed in a transparent and equitable manner" and to prove it is "being well led and managed", by December 12.
It was also told to show that "communication with prospective families is improved to demonstrate that applicants are treated in a courteous and respectful manner", according to the ruling.
A statement was released this afternoon by Humza Yousaf's and Nadia El-Nakla's solicitor Aamer Anwar.
It said: "On the 3rd November I confirmed that the Care Inspectorate has concluded its independent and robust investigation into ‘Little Scholars Day Nursery’ and upheld the complaint against them by Humza Yousaf.
"The Inspectorate stated 'On occasion the manager did not promote the aims of the service in relation to treating children and families with fairness, equality and respect when offering placements to prospective parents.'
"The Inspectorate also concluded that 'Some families were treated unfairly when enquiries were made to the service. The manager agreed that communications were not always respectful'.
"Humza and Nadia were left deeply upset when they believed their young daughter Amal was being discriminated against.
"They are first and foremost loving parents who would do anything to protect their children. My clients Nadia El-Nakla and Humza Yousaf welcomed the upholding of the complaint and felt vindicated by the decision."
The statement added: "We note that last August the nursery said: "We note Mr Yousaf's call for a Care Inspectorate investigation and this is something we would absolutely welcome”, therefore it was very disappointing to read their response to the findings of the independent investigation.
"The Nursery still have until 12th December 2021 to prove through its practice that improvements will be made or as the Inspectorate have said they ‘will not hesitate to take further action’.
"My client has always been willing to discuss matters with the Nursery, but that has proved impossible, as long as the owners of the Nursery continue to ignore my client's reasonable request for a public acknowledgement of the Care Inspectorate's findings, and an apology for the hurt they caused my clients, then we remain instructed to pursue legal action.
"It should be noted that the legal writ lodged on behalf of Nadia El-Nakla this week at Glasgow Sheriff Court is against the company ‘Sword (Nursery) Ltd.’ which has deployed considerable resources to defend their actions. The action is for an alleged contravention of Section 29 of the Equality Act 2010.
"Any potential compensation awarded through court proceedings would of course be a matter for the Sheriff, however if successful, our client had instructed that this be donated to an anti-racist charity of her choice.”
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