A report by the Care Inspectorate into a Dundee nursery following a racism complaint by Humza Yousaf can finally be revealed in full after it was obtained by The Courier.
The health secretary and his wife Nadia El-Nakla lodged a complaint with the watchdog after their daughter was refused a place at the Little Scholars Day Nursery in Broughty Ferry.
The couple worked with a newspaper to submit a number of fictitious applications, which they said showed that children with “white Scottish-sounding names” were accepted over those with “ethnic” names.
Following a probe, the Care Inspectorate announced it had upheld the complaint, finding that the service “did not promote fairness, equality and respect when offering placements”.
Report into Humza Yousaf complaint against Dundee nursery revealed
However, the nursery attacked the watchdog over its media statement, accusing it of “partisan spin” as it threatened to launch defamation proceedings.
A spokesperson at the time said there had been “no findings of discrimination or any issues with a lack of equality upheld by the investigation”.
The Care Inspectorate refused to release its full report at the time, saying that correspondence in relation to complaints was “confidential”.
However, using Freedom of Information laws, a redacted copy of the report has been obtained by The Courier, which sets out the watchdog’s findings and the evidence it found.
What does the Care Inspectorate report say?
The report into Little Scholars sets out what the watchdog did to investigate the claims, such as who it spoke to, as well as the evidence it found to support or dispute the allegations.
Assessing the first complaint, which it upheld, it found that the nursery’s management 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 report does not suggest this was down to discrimination or based on the applicant’s name, rather that a “chaotic system” for handling inquiries prevented the nursery from promoting their aims.
Looking at a fictitious inquiry from Mr Yousaf and his wife, and the Daily Record, in the name of Akhtar, the report says the nursery took a “reasonable approach”.
‘Administrative inconsistencies’ disadvantaged children and parents
It states: “The fictitious inquiry from an applicant named Akhtar was declined because the nursery cannot accommodate short-term applications due to demand for permanent places.
“This was a reasonable approach.”
But it adds that this was “not explained to the fictitious applicant when the request was
declined”.
The report also deals with a fictitious request in the name of Blake on July 12, which was eventually accepted by the nursery.
It says: “A fictitious inquiry was submitted in the name of Blake on July 12 2021, the same date the service declined an application request from another fictitious applicant named Akhtar.
“There was a delay in replying to the Blake inquiry, but a place was offered on July 22 2021.
“The service allege that on July 22 2021 changes requested by other families created availability.”
The chaotic system for handling inquiries prevented the service from promoting their stated aims and objectives.”
Care Inspectorate
It concludes that administrative inconsistencies “disadvantaged prospective children and parents”.
It adds: “Some families were treated unfairly when inquiries were made to the service.
“The chaotic system for handling inquiries prevented the service from promoting their stated aims and objectives.
“Children and their families have a right to access services that are well led and managed effectively.”
Details of a second complaint, and the investigation of it, are redacted from the report as it was not upheld.
Asked about the report and whether it stood by its initial media comment, a spokesperson for the Care Inspectorate said: “The complaint report was assessed by our Information Governance team before release to ensure we treated sensitive personal information appropriately.
“We have nothing further to add to our earlier statement.”
A representative for Mr Yousaf and Ms El-Nakla says the investigation is complete and the nursery will have to answer a discrimination complaint the family have lodged at Glasgow Sheriff Court.
Aamer Anwar, the family’s solicitor, said: “As matters are now progressing through court, it would be inappropriate to comment further.”
A spokesperson for Little Scholars Day Nursery says the firm does not have anything to add to previous statements while legal proceedings are ongoing.
The full report is available to read here.
