Nursery Worker Sentenced Following Toddler's Death
Noah Sibanda died after being physically restrained while being put to sleep at Fairytales Day Nursery in Dudley.
A nursery worker has been sentenced to over three years in prison, and the nursery fined £240,000, following the death of a 14-month-old boy who was restrained in their care.
Noah Sibanda died after being physically restrained face-down with a blanket covering his head while being put to sleep at Fairytales Day Nursery in Dudley in December 2022. He was left unattended for two hours before being found unresponsive and was pronounced dead an hour later at the hospital.
Sentencing Details
Kimberley Cookson, 23, the nursery worker, was sentenced at Wolverhampton Crown Court on Friday to three years and four months in prison after admitting gross negligence manslaughter related to her actions in attempting to make Noah fall asleep.
Justice Choudhury told Cookson it was “blind luck” that no other deaths had occurred at the nursery before Noah’s and stated she must serve up to 40% of her sentence in custody, with the remainder on licence.
The nursery owner, Deborah Latewood, 55, was sentenced to six months in prison, suspended for two years, after admitting a health and safety offence. The offence was based on her lack of knowledge that children were being put to sleep in a dangerous manner, though she should have been aware.
The now-closed Fairytales Day Nursery was fined £240,000 after admitting corporate manslaughter and failure to comply with health and safety regulations. Additionally, it was ordered to pay £56,000 in legal costs.
Judge’s Remarks on the Case
In his sentencing remarks, Justice Choudhury said:
“Tragically, the events of that day meant that Mr and Mrs Sibanda would never see Noah alive again.”
He described the CCTV footage from the nursery as “shocking” and the level of disregard for Noah’s welfare as “distressing to watch,” adding that “dangerous and unacceptable practices” went unchecked at the nursery.
He further stated:
“There were repeated instances of rough-handling by several of the nursery practitioners, including Miss Cookson, often in view of a manager.”
Statements from Noah’s Parents
Following the sentencing, Noah’s parents issued a statement expressing the profound impact of their loss:
“Noah’s absence is felt in every corner of our lives.”
On Thursday, Masi Sibanda, Noah’s mother, delivered a victim impact statement to the court, condemning the nursery’s practices:
“The nursery had played ‘Russian roulette with our children’s lives’ and had used ‘excessive’ force on my son.”
She added:
“I handed Noah over to the people who killed him. Because of this I cannot forgive myself and consequently will never forgive the defendants.”
Masi described Noah as a “prayer answered” who brought calmness to her life.
Noah’s father, Thulani, also issued a statement:
“My son died at just 14 months old because of the gross negligence of someone who was trusted to care for him.”
“Noah deserved to live. He deserved to be protected and we deserved to watch him grow up.”
Prosecution and Defence Arguments
John Elvidge, representing the prosecution, described the nursery’s sleeping environment as exceptionally dangerous. He detailed that CCTV footage showed Cookson, then aged 20, placing Noah face-down on a cushion, restraining him with her leg for seven minutes, and leaving him unchecked for two hours, which posed risks of overheating and exhaustion.
He stated:
“Kimberley Cookson’s negligence was gross. That means it was truly exceptionally bad.”
Rashad Mohammed, defending Cookson, noted that she had no previous convictions and had not acted with malice. A letter from Cookson was read in court in which she apologised.
Mohammed said:
“Her motivation that day was to try and put Noah to sleep. She did not intend to cause him any harm.”
A letter from Deborah Latewood, the nursery director, was also read to the court. Latewood apologised, stating:
“My total aim has and always will be the safety and security of children and families. This did not happen for that beautiful child Noah and words will never be enough. I failed Noah and his family, his community and his God.”
Dominic Kay KC, defending the company, which had been rated good by Ofsted in 2022, said that although employees had been trained, the training was ineffective regarding sleeping practices.
He added:
“Nothing I say on behalf of the company can begin to address the grief and sorrow felt by Noah’s family.”
