Lorraine Melrose from Paisley claims that her son, Shaun, was 'dragged for 50 feet by his arm and thrown into a room with the door slammed shut' by staff employed by Daleguide Nursery Ltd (as reported in The Scotsman, 15 September).
She claims that Shaun, who was two when he attended the nursery, has incurred serious psychological damage as a result of the incident.
Cameron Fyfe, the lawyer representing Mrs Melrose, said that at the time of the alleged assault, Shaun's parents hoped that he would get over it. But four years later, they say it is still having an effect on him.
Mr Fyfe said he intends to prove that that the alleged incidents did take place at the nursery and that the child has shown serious signs of distress as a direct result of the alleged incidents. He said he is 'confident' that the Melrose family has a strong case. 'We have strong evidence that the assault took place and this is backed up by statements from a child psychologist.'
The Scotsman reported that the then owners of the nursery - Daleguide Nursery Ltd, who cannot be named for legal reasons and are contesting the case - have denied the allegations and have said that the child regularly displayed anti-social behaviour.
Morag Macaulay, the new owner of the nursery, which now trades under the name of Gleniffer, was a director of the previous company. She said, 'I must stress that when the incident happened I was not involved in the day-to-day running of the nursery. It happened four years ago and it has nothing to do with me. Of course I am concerned that it has a link to Gleniffer Nursery, but the allegations are aimed at the previous management.'
A spokesperson for the Care Commission said, 'The incident took place before the Commission was established. But we would strongly encourage anyone who has a concern, whether it's a member of staff or a parent, to take up the concern with the childcare provider. If you feel that your concerns are not being taken seriously, you can call the Commission's hotline number on 0845 60 30 890.'
The spokesperson said that the Care Commission takes complaints 'very seriously' and it relies on the nurseries' users to act as the 'eyes and ears for the industry'.
The final court hearing is expected to take place at the beginning of next year.
Chris Cloke, head of childcare protection at the NSPCC, said that if parents have a concern over how their child is treated it is 'very important they raise it - even if it's some years after the abuse or neglect took place'.
