The Scottish health secretary and his wife have started court proceedings against a nursery in Dundee over alleged racial discrimination.

       SNP politician Humza Yousaf and his partner Nadia El-Nakla took the step after Little Scholars Day Nursery in Broughty Ferry said it did not have enough space to accommodate their young daughter.

       They claim that the decision was discriminatory, given that the white child of a friend was later offered a place at the same facility.

       The Daily Record newspaper tested this notion by sending the nursery bogus enquiries from a white family and a Muslim family. While the former application was accepted, the latter was reportedly rejected.

       The nursery strongly denies allegations that it discriminated against the family.

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       The couple first reported the institution to the Care Inspectorate, before choosing to go down the legal route, alleging its actions constituted a breach of the Equality Act 2010.

       In a statement shared by their solicitor, Mr Yousaf and Ms El-Nakla said Little Scholars Day Nursery had not apologised for its conduct.

       The pair added: "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.”

       Their lawyer Aamer Anwar has told the nursery that legal action will be taken unless it public apologises and agrees to make a donation to an "anti-racist charity of our client’s choosing” within the next fortnight.

       Mr Anwar has also instructed the Equality and Human Rights Commission to investigate the incident.

       A spokesperson for the nursery told the Daily Record: “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.”

       The spokesperson added: “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.

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       “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.”

       Additional reporting by PA