14-month-old boy died after being restrained by worker at Dudley nursery
Fourteen-month-old toddler Noah Sibanda died after being restrained by a worker at a Dudley nursery, it has emerged.
The little boy died after being physically restrained face down on a cushion, with a blanket over his face and a leg placed over him during an incident at Fairytales Day Nursery, in Bourne Street, Dudley, on December 9, 2022 prompting a police investigation.
On Wednesday the company and its director Deborah Latewood, of the now closed nursery, pleaded guilty to corporate manslaughter, including an alleged failure to ensure that children in the baby room were put down to sleep in a safe way, failure to ensure that staff were adequately trained to put babies down to sleep and failure to ensure staff were adequately supervised while doing so under the Health and Safety at Work Act.
Following the hearing at Wolverhampton Crown Court the full extent of exactly what happened to Noah was revealed by the Crown Prosecution Service’s Special Crime Division.
The incident was captured on CCTV cameras at the nursery and showed Noah was tightly wrapped in a sleeping bag, had a blanket placed over his head, and was laid face down to sleep by nursery worker Kimberly Cookson.
Cookson, of The Broadway, Dudley, held him in place face down on a soft cushion and restrained him with her leg for some of that time, in what appeared to be an effort to make him sleep when he did not want to. After a considerable duration it was noticed that he was not breathing and the emergency services were called.
Noah was taken to Russells Hall Hospital in Dudley after paramedics and police arrived at the scene, but sadly he passed away.
Senior specialist prosecutor Alex Johnson said: “This case has been deeply distressing and represents every parent’s worst nightmare whenever they leave their young child at a nursery.
“Noah Sibanda should have been safe in the care of professionals entrusted with his wellbeing. He lost his life as a result of reckless and dangerous sleeping practices which posed an obvious and serious risk of harm.
“The evidence in this case, including CCTV footage and expert medical findings, showed that Noah was placed to sleep in a way that severely restricted his ability to breathe and move. The prosecution case was that these practices created a suffocating environment, from which a 14-month-old child, was clearly unable to escape.
“Fairytales Day Nursery Limited has now accepted criminal responsibility for the systemic failures that led to this tragedy, and Deborah Latewood has also acknowledged that the failings occurred under her management and oversight. Kimberley Cookson has also taken responsibility for her harmful actions.
“Nursery providers have a fundamental duty to protect the children in their care. This case underscores the devastating consequences of what happens when that duty is breached. Our thoughts remain with Noah’s family, who have endured an unimaginable loss.”
Nursery worker Kimberley Cookson, aged 23, admitted one count of gross negligence manslaughter relating to the toddler's death at an previous hearing in relation to her conduct in making Noah sleep.
The private enterprise has since closed and education watchdog Ofsted permanently withdrew its right to operate in April 2023 on grounds that it was "no longer suitable to be registered".
The company; Latewood, aged 55, of Himley Avenue; and Cookson, aged 23, of The Broadway, both in Dudley, will be sentenced at Wolverhampton Crown Court, on April 16. Both were granted bail until then at Wednesday's hearing.
