A nursery worker, Kimberley Cookson, was sentenced on Apr. 17 to three years and four months in prison for gross negligence manslaughter following the death of a 14-month-old boy at Fairytales Day Nursery in Dudley, West Midlands. The sentencing also included a suspended six-month sentence for nursery owner Deborah Latewood and a £240,000 fine for the now-closed nursery after the incident that occurred on December 9, 2022.
The case has raised concerns about safety practices in childcare settings. The mother of Noah Sibanda told Wolverhampton Crown Court her child died “alone, scared and in pain” after being put into a sleeping pod at the facility. CCTV footage played during sentencing showed Noah “struggling and thrashing” while face down on a cushion inside a teepee as Cookson wrapped him tightly in blankets and placed her leg across his lower back for seven minutes before leaving him unattended.
Staff did not physically check on Noah for about two hours before he was found unresponsive. He was pronounced dead an hour later at hospital. Judge Justice Choudhury described the CCTV footage as “shocking,” but said Cookson was not acting alone: “In fact, much of what she did was accepted practice.” He added that “the risk of death in this case…was foreseeable” and praised Noah’s family for their dignity throughout proceedings.
Prosecutors said sleeping pods used at the nursery did not comply with NHS sleep guidance due to risks such as overheating indoors or soft surfaces surrounding babies’ heads. Cookson admitted she had no formal training in putting children down to sleep and learned swaddling techniques on the job. In court she said: “What happened will haunt me for the rest of my life…I only hope that one day they hold it in their hearts to forgive me.” Latewood apologized to Noah’s family, describing him as a “beautiful, happy, loveable child,” adding: “I thought after 40 years in my trade I had made a difference. This was not the difference I wanted.”
Detective Inspector Carla Thompson stated CCTV showed unsafe sleeping practices involving other children prior to Noah’s death: “It wasn’t an isolated incident…other children were being wrapped the same way.” Senior specialist prosecutor Alex Johnson called it “every parent’s worst nightmare,” saying evidence showed dangerous sleeping practices restricted Noah’s ability to breathe or move.
An Ofsted spokesperson offered condolences to Noah’s family: “No child should ever come to harm in a place that is meant to keep them safe.” Ofsted confirmed recent government funding would allow more frequent inspections of nurseries.
