The Care Commission upheld the complaint against All Stars Nursery in Woodside, Aberdeen, which is registered for 25 children. The incident followed an inspection in May last year that highlighted food hygiene failings at the nursery.
The Care Commission report said that some previous requirements had not been met, including 'that procedures be put in place to ensure safe and suitable storage of food' and 'that fridge temperatures be monitored'.
It also said that parents were 'very satisfied with the service their child received and were confident children were happy and well cared for'.
After last May's inspection, an action plan was agreed with the provider. A spokesman for the Care Commission said that the normal procedure would be to follow up the action plan at the next inspection but that in this case it had been superseded by the complaint investigation.
He said, 'We have fully upheld a complaint against this service in relation to providing children with out-of-date food and forcing children to eat. We will now be taking formal legal enforcement action against this service and we are currently considering the various options available to us under the Regulation of Care (Scotland) Act 2001. We will inform the service provider when we have decided what action we intend to take.
'In the meantime, we have been monitoring the service extremely closely and visiting daily to ensure the welfare of the children still using the service.'