Nursery Practitioner Sentenced to 40 Months for Gross Negligence Manslaughter
A nursery practitioner has been sentenced to 40 months in jail after a 14-month-old toddler suffocated in a camping sleeping bag while being forced to nap at a private nursery. Kimberley Cookson, 23, from Dudley, admitted gross negligence manslaughter in the death of Noah Sibanda at Fairytales Day Nursery in the West Midlands in December 2022.
Shocking Details of the Incident
The court heard that Noah was wrapped tightly in a sleeping bag designed for outdoor use and placed face down on a soft cushion inside an indoor teepee. Cookson then pinned him down with her knee for seven minutes as part of efforts to get him to sleep, with a folded blanket placed over his head. He was not checked for over two hours, by which time he was unresponsive.
Mr Justice Choudhury described CCTV footage from the nursery as showing "shocking" images of repeated rough handling and sleep practices that contravened relevant guidance and the nursery's own policies. The judge stated that Noah had been "totally smothered" and that his suffering "ought to have been obvious" to Cookson.
Systemic Failures at the Nursery
The prosecution revealed systemic failures at the nursery, with CCTV showing habitual practices of children being swaddled, placed face down, and restrained in the two weeks leading to Noah's death. John Elvidge KC, prosecuting, said the sleeping environment was "exceptionally dangerous" and that Noah would have become exhausted, overheated, and struggled to breathe.
The nursery's owner, Deborah Latewood, 55, admitted a health and safety offence, stating she was unaware of staff actions but should have been. The nursery itself admitted corporate manslaughter and a health and safety offence. Sentencing for Latewood and the nursery is ongoing.
Heartbreaking Victim Impact Statements
Noah's parents, Masi and Thulani Sibanda, delivered emotional victim impact statements in court. Masi Sibanda said staff had played "Russian roulette" with her "beautiful" son's life, using excessive force "as if he was a felon." She expressed guilt for trusting the nursery and said Noah died "alone, scared and in pain."
Thulani Sibanda stated that his son died due to the "gross negligence of someone who was trusted to care for him," adding, "Noah deserved to live, he deserved to be protected and we deserved to watch him grow up."
Background and Aftermath
Cookson, who earned £15,000 annually, had no formal training in putting children to sleep and told police she learned practices at the nursery. Her barrister, Rashad Mohammed, said she "bitterly regrets" what happened and that there were wholesale failures by all staff, not just Cookson.
The nursery had a "good" Ofsted rating, but the inspection did not cover sleeping arrangements. Noah's parents were seeking alternative childcare due to staffing changes at the time of his death. The nursery has since gone into liquidation after being ordered to close.
Alex Johnson of the Crown Prosecution Service called the case "every parent's worst nightmare," noting Noah lost his life due to reckless and dangerous sleeping practices. The family welcomed a daughter just ten days after Noah's funeral, adding a poignant note to their tragic loss.
