The owner of a day nursery in the West Midlands is set to face trial over the death of a 14-month-old baby boy, following an incident at her facility in late 2022.
Tragic Incident Leads to Court Proceedings
Noah Sibanda died on December 9, 2022, after an incident at Fairytales Day Nursery in Dudley. The nursery has since closed its doors. Deborah Latewood, the 54-year-old director and business owner, appeared at Wolverhampton Crown Court this week, where a trial date was set.
Latewood has pleaded not guilty to a charge of failing to comply with a duty under the Health and Safety Act. The allegation states she failed to ensure Noah and others were not exposed to risk between November 29 and December 9, 2022.
Corporate and Individual Charges Denied
At a hearing last year, a plea of not guilty to one count of corporate manslaughter was entered on behalf of the now-closed nursery company. The prosecution's case includes several alleged failures in the baby room's operation.
These alleged failures centre on critical safety protocols for infant care. They include:
- A failure to ensure children were put down to sleep in a safe manner.
- A failure to ensure staff were adequately trained for putting babies to sleep.
- A failure to ensure staff were properly supervised while carrying out this duty.
The nursery company also pleaded not guilty to the same health and safety charge currently faced by Latewood personally.
Staff Member Admits Guilt as Trial Date Set
In a related development, a former employee of the nursery has already admitted responsibility in connection with Noah's death. Kimberley Cookson, now 23, pleaded guilty to one count of gross negligence manslaughter. Her sentencing has been deferred and will take place after the conclusion of Latewood's trial.
At Wednesday's hearing before Judge Michael Chambers KC, Latewood only spoke to confirm her name. The judge set a three-week trial to begin on April 16, 2024.
Judge Chambers addressed Latewood directly, stating: 'The case remains adjourned for trial. If you choose not to attend, you run the risk it may proceed in your absence.' He renewed her bail on the same conditions and emphasised the importance of her staying in contact with her legal team.
The upcoming trial will examine the chain of responsibility and the specific health and safety breaches alleged to have contributed to the tragic loss of young Noah Sibanda's life.
