A NURSERY has accused Humza Yousaf and his wife of pursuing a "vendetta" after it emerged the couple are seeking £30,000 in damages for alleged discrimination against their daughter.
The couple made a formal complaint about Little Scholars Day Nursery in Broughty Ferry, Dundee, after their daughter Amal failed to get a place due to an alleged lack of space, but children with white-sounding names did.
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”.
Mr Yousaf, Scotland's Health Secretary, and his wife, Nadia El-Nakla, previously instructed their solicitor Aamer Anwar to initiate legal proceedings against the nursery, which has continued to insist it has done nothing wrong.
Mr Anwar said any compensation awarded will be donated to an anti-racism charity.
In a statement, he said: "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."
A spokeswoman for Little Scholars Day Nursery 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.
“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.
“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 difficult time.”
The nursery has been ordered 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 has also been 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 Care Inspectorate spokesman 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.”
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