In one of the most high-profile Scottish news stories of the year so far, Health Secretary Humza Yousaf has reported a Dundee nursery over claims his daughter was denied a place due to her “ethnic-sounding” name.
Mr Yousaf and wife Nadia El-Nakla claim they were told there was no space for their two-year-old daughter Amal at Little Scholars Nursery, despite places being offered to others with “non-ethnic” names.
As well as an investigation being launched by the Care Inspectorate, Mr Yousaf has said he is seeking legal advice after the alleged discrimination by the Broughty Ferry nursery.
Bosses have vehemently denied any claims of wrongdoing and said they welcome the probe.
Here we take a detailed look at how the matter came to light, the circumstances around what has been alleged, and what happens next.
What alerted their suspicions?
As first reported in the Daily Record on Monday, it’s alleged there was no space available when applicants who had ethnic, Muslim-sounding names, including the couple’s daughter Amal, tried to get a place at the nursery.
However, it’s claimed that when responding to inquiries from mothers with non-ethnic names, the nursery said spaces were available on the same days and times.
Ms El-Nakla said she was first denied a space for Amal in September 2020.
She said she then asked on May 10 this year about a space two afternoons a week from August, but was told the next day that “at present” there was no availability.
On May 11, she claims she asked if she could be placed on a waiting list, but was told she must fill in a registration form and there was “no guarantee” of a space becoming available.
Friend’s son ‘offered place three hours later’
Three hours later Ms El-Nakla said she had friend Julie Kelly email inquiring about a space for her son, who was also two, and has a “non-ethnic” name.
It’s claimed that on May 12, Ms Kelly was told that three afternoons were available from July, despite Ms El-Nakla being told there was no availability on any day, less than 24 hours earlier.
Ms Kelly was reportedly told on May 17 that if the spaces offered weren’t wanted, then they would be offered to others “due to high demand”. Ms Kelly declined the spaces on May 18, she said.
Ms El-Nakla says relative Sara Ahmad also inquired on May 12 about availability for a two-year-old child, and was flexible on days and starting times.
But was told on May 20 there was no availability “at the present time or for the foreseeable future”.
If true, this means the nursery had already had Ms Ahmad’s application form for six days but did not offer her the spaces freed up on May 17 by Ms Kelly.
‘Email sent under fake name’
On May 20, the day Ms Ahmad was refused, Ms El-Nakla says she sent a fake email under the name Suzy Sheppard and asked for two half-days for a two-year-old.
‘Suzy Sheppard’ was then reportedly told to fill in a form and the nursery would check availability. After returning from annual leave on June 15, the staff member is said to have confirmed she had three days available.
The Daily Record said it made inquiries using both ethnic and non-ethnic names, and similarly, availability was offered for an applicant called Susan Blake, but not one called Aqsa Akhtar, who had applied before ‘Susan Blake’.
Both were said to have applied for spaces for three-year-old children and with the same flexibility on days and times.
Mr Yousaf said: “Nadia and I really want an explanation why there are such contrasting responses to the emails, sent from ethnic and white Scottish-sounding names.
“Yet despite being given plenty of opportunity to clarify their position, the nursery has refused to explain the differing email responses.
“I find that disturbing and consequently have turned to the Care Inspectorate to get answers.”
Why did the couple go public with allegations?
One mother of a child at the nursery spoke to The Courier and Evening Telegraph on Tuesday and questioned why Mr Yousaf had gone to the press before an investigation was held.
She said: “He’s the health secretary, it’s like he’s undermining the whole process – why even bother having the Care Inspectorate [investigate] then, if he thinks it’s OK to just go to the papers?”
She added that it was “like they had found [the nursery] guilty until proven innocent”.
When the comments were put to Mr Yousaf he defended his actions in a statement.
He said: “Discrimination should not have to be dealt with quietly. I believe I have irrefutable evidence of discrimination and make no apologies – none whatsoever – for confronting it.
Discrimination ‘structural and institutional’
“People of colour are often told to quietly ignore racism and discrimination; to not raise their voices but to simply follow procedures.
“This completely fails to recognise that much of the discrimination we face is structural and institutional.
Of all the roles I've been given in life 'daddy' is the most important
I am sorry I could not protect you a little longer from hatred this world all too often throws at us
Thank you to everyone, particularly those across political divide, for kind msgs of solidarity & support pic.twitter.com/dOsthgZnl0
— Humza Yousaf (@HumzaYousaf) August 2, 2021
“I have had a number of parents who have children in Little Scholars Nursery and other nurseries contact me to express their disgust at the treatment of my family, and to express their full solidarity with us.
“Having had no explanation from Little Scholars Nursery I am now seeking legal advice.
“We will pursue the truth and get answers we deserve.”
Ms El-Nakla ‘left in tears’
Ms El-Nakla says she was left in tears after reading some of the remarks on Twitter and Facebook after the story hit the newsstands.
Speaking to The Courier and Evening Telegraph, she said: “I have had the chance to reflect and, sadly, read some of the comments.
“And I asked myself, do I defend my family or let people say whatever they want?
“People are saying we are ‘playing the race card’, and ultimately they will have some kind of view, whether that is racism, Islamophobia, a dislike of Humza or our colour, and to me that shows the underbelly of racism in Scotland.
“What frustrates me is people who have never experienced discrimination in their life are telling me how I should deal with it.
“It is victim blaming at the highest level.”
Nursery ‘strongly refutes’ claims
A spokesperson for Little Scholars Day Nursery, which is owned by Ushar Fowdar, stated: “Our nursery is extremely proud of being open and inclusive to all and any claim to the contrary is demonstrably false and an accusation that we would refute in the strongest possible terms.
“In addition to our owners being of Asian heritage, across more than a decade we have regularly welcomed both children and staff from a range of different religious, cultural, ethnic and racial backgrounds including two Muslim families currently.
“We have also regularly made arrangements to accommodate different lifestyles by, for example, providing a halal menu for those children who come from Muslim families.
“We note Mr Yousaf’s call for a Care Inspectorate investigation and this is something we would absolutely welcome.
‘We have nothing to hide’
“We have nothing to hide and look forward to the opportunity to demonstrate the policies and procedures we have in place to ensure we are a nursery that is open and welcoming to all.”
In an email sent to all parents on Monday, nursery bosses said they had “full faith” in staff.
They added: “We as a staff team are absolutely devastated with the way in which this has been handled.
“We feel if anybody felt that they had issues with the way in which we admit children to our nursery, that they would have the decency to approach us directly or to contact the Care Inspectorate.”
Care Inspectorate ‘concern raised’
The Care Inspectorate confirmed that “a concern has been raised” and it was carefully considering all information received.
If taken forward, the official procedure begins within three working days of a complaint being received. An inspector determines the appropriate action to be taken.
The Care Inspectorate determines all the criteria, including what is investigated, how it is worded and how it is dealt with.
The watchdog’s decision is final and there is no right of appeal.
Mr Yousaf, who was formerly Scottish justice secretary, has said he is also considering legal action.
In UK Law, the Equality Act 2010 states people must not be discriminated against because of their race.
According to The Equality and Human Rights Commission, race can mean a person’s colour, or nationality, including citizenship. It can also mean ethnic or national origins, which may not be the same as a person’s current nationality.
Protected characteristics
Race also covers ethnic and racial groups. This means a group of people who all share the same protected characteristic of ethnicity or race.
A racial group can be made up of two or more distinct racial groups, for example, black Britons, British Asians, British Sikhs, British Jews, Romany Gypsies and Irish Travellers.
If proven, the allegations against the nursery would constitute ‘direct discrimination’ which happens when someone is treated worse than another person in a similar situation because of their race or ethnicity.
Reaction to Humza Yousaf’s claims
Politicians voiced their support for the family on social media.
Scottish Conservative leader Douglas Ross wrote on Twitter: “This is an awful situation and no family or child should suffer discrimination because of their name and background.
“This should be investigated and stamped out.”
This is an awful situation and no family or child should suffer discrimination because of their name and background. This should be investigated and stamped out. https://t.co/Wa8OnDCvFB
— Douglas Ross MP MSP (@Douglas4Moray) August 2, 2021
Scottish Labour leader Anas Sarwar also backed Mr Yousaf, saying: “I know this must hurt.
“Solidarity with @humzayousaf and Nadia. Profiling/assumptions based on names happens every day.
“In this case an application for nursery, in others for a job. This story also demonstrates why quality journalism is so important.”
I know this must hurt. Solidarity with @HumzaYousaf and Nadia.
Profiling/assumptions based on names happens every day. In this case an application for nursery, in others for a job.
This story also demonstrates why quality journalism is so important. https://t.co/SN1EyyPjs0
— Anas Sarwar (@AnasSarwar) August 2, 2021
However, some parents came out in support of the nursery, noting they were, at this stage, only allegations.
One mum, who asked to remain anonymous, said: “I’m angry that he chose to go to the papers about it.
‘Nursery now in the spotlight’
“As somebody who’s the health secretary, you would think he would follow the correct complaints route rather than going to a paper about it.
“He’s now put the nursery all over the pages, and you’re left feeling like your child – not that they’re at risk, but suddenly that the spotlight is on somewhere that’s supposed to be safe for your child to go.
“I have absolutely no issue with the nursery whatsoever – the girls there are fantastic.
She added: “On the other hand, if you turn around and defend staff and say this is a great nursery, are you then branded a racist? That makes you not want to say too much.
“Obviously it is absolutely shocking if this comes to light that it is the truth – of course it is.
Parents ‘feeling uneasy’
“It’s just the fact that he has put a nursery all over the national news and now there are kids at that nursery whose parents are feeling uneasy about taking their kids to the nursery.
“How far does this go? Will they have to close the nursery to do an investigation? Are we going to be left with no childcare?
“I just think it’s just been handled very irresponsibly by someone in a position of power who should know better.”
Another mum, who lives in Dundee city centre, says she found the intake at the nursery to be “very inclusive”.
She said: “I know other kids from ethnic backgrounds at the nursery, and I don’t have any concerns about the nursery as a parent.
“My kid’s looked after here really well – she loves going there.
“The management are always really good at getting back to you quickly if there are any issues, and they’re well-informed about issues to do with child protection and stuff.
Children from ethnic backgrounds
“I know children in my daughter’s class who are from ethnic backgrounds so I’d be very surprised if there were issues with discrimination.
“I know as well there are limited places – I’ve tried to switch days for my daughter in the past and there wasn’t a choice, it was on a first-come, first-served basis.”
One grandmother picking up a child on Tuesday said: “Of course I’m shocked, but there are two sides to every story.”