A woman working at a nursery broke down in court before being sentenced to three years and four months in prison following the tragic death of a 14-month-old child who suffocated while she attempted to make him sleep in a highly risky manner.
The toddler, Noah Sibanda, passed away at Fairytales Day Nursery in Dudley on December 9, 2022, when he was placed in a tightly wrapped sleeping bag. Surveillance footage showed the young child lying face down in the bag with a blanket covering his head, while the nursery worker, Kimberley Cookson, used her leg to restrain him.
Despite Noah struggling and moving, Cookson, who had already admitted to gross negligence manslaughter, continued to restrict his movements by positioning her leg on him. The court heard that Noah eventually stopped moving, and Cookson, believing he was asleep, tightened the sleeping bag even further.
Following the tragic incident, the nursery, which is now closed, admitted to corporate manslaughter and a health and safety violation related to Noah’s death. The judge imposed a fine of £240,000 on the nursery and ordered an additional payment of £56,000 in costs.
Deborah Latewood, the owner of the nursery, received a six-month suspended prison sentence after acknowledging that she should have been aware of the dangerous sleeping conditions at the facility.
The court learned that Noah was placed in a season three “sleeping pod” measuring 130cm by 65cm, which the prosecutor described as unsuitable for indoor daytime use. The nursery environment was deemed extremely hazardous, leading to Noah becoming exhausted and overheated while struggling to breathe.
Noah’s parents, who had chosen the nursery based on its positive reputation and awards, expressed their devastation in court. They described Noah as a beautiful and kind child, expressing their profound loss and the impact of his absence on their lives.
Kimberley Cookson, in a statement to the court, expressed deep remorse for her actions and hoped for forgiveness from Noah’s family. Her representative highlighted systemic failures at the nursery, admitting to inadequate training and supervision of staff.
Representatives for Fairytales Ltd also extended their sincerest apologies to Noah’s family, acknowledging the breach of trust and the irreparable pain caused by the tragic incident.
