Nursery Admits Corporate Manslaughter Over Toddler's Tragic Death
A nursery in the West Midlands has admitted corporate manslaughter following the death of a 14-month-old boy who was restrained in a sleeping bag and left face down in an indoor tepee without checks for over two hours. The now-closed Fairytales Day Nursery, based on Bourne Street in Dudley, entered the plea at Wolverhampton Crown Court in connection with the incident that occurred on December 9, 2022.
Victim Impact Statements Reveal Family's Anguish
During a sentencing hearing on Thursday, junior prosecution counsel Daniel Cordey read emotional victim impact statements to the court. Noah Sibanda's mother, Masi, described his birth as "a prayer answered" and spoke of how he had brought calmness to her life. She expressed profound guilt, stating, "I handed Noah over to the people who killed him. Because of this I cannot forgive myself and consequently will never forgive the defendants."
She added that the nursery was "playing Russian roulette with our children's lives" behind closed doors. In a separate statement, Noah's father, Thulani, said, "My son died at just 14-months-old because of the gross negligence of someone who was trusted to care for him. When a child is taken from this world the loss is immeasurable. Noah's absence is felt in every corner of our lives."
Details of the Incident and Prosecution's Case
Prosecutor John Elvidge KC outlined the facts of the case, revealing that nursery worker Kimberley Cookson, then aged 20 and now 23, was captured on CCTV tightly wrapping Noah in a sleeping bag. Further footage showed her placing a blanket over the toddler's head before moving her left leg over him for approximately seven minutes in an effort to restrict his movement.
Noah was pronounced dead in hospital around an hour after being found unresponsive that afternoon. Mr Elvidge described the nursery's sleeping practices as "exceptionally dangerous," posing risks of overheating and exhaustion for infants. He noted that covering children's heads to induce sleep was a habitual practice in the baby room, despite Noah being described as a "very good child" with a gentle manner who was beginning to walk and speak.
Legal Proceedings and Additional Charges
Kimberley Cookson has pleaded guilty to gross negligence manslaughter, with Mr Elvidge stating, "Kimberley Cookson's negligence was gross. That means it was truly exceptionally bad." In interviews, Cookson reportedly said she thought it was fine to cover faces but could not explain why she behaved so harshly toward Noah that day.
Nursery owner Deborah Latewood, aged 55, is also facing sentencing after admitting a Health and Safety at Work Act offence. Latewood, of Himley Avenue in Dudley, acknowledged that she did not know children were being put down to sleep in a dangerous manner but should have known.
Both Cookson, of The Broadway in Dudley, and Latewood became visibly upset in the glass-fronted dock as Mr Elvidge addressed the court and excerpts of the CCTV footage were played to sentencing judge Mr Justice Choudhury. The hearing continues as the court deliberates on the appropriate sentences for these tragic failures in childcare.
