Nursery and its owner plead guilty over death of 14-month-old boy in Dudley

Noah Sibanda died after an incident at Fairytales Day Nursery, in Bourne Street, Dudley,  on December 9, 2022 prompting a police investigation. 

The staff had failed to make sure that he had been put to sleep in the site's  baby room in a safe way in a breach of duty resulting in the tragedy.

At a previous hearing the company and director Deborah Latewood, of the now closed nursery, denied 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.

A trial was due to be held next month.

However, on Wednesday at Wolverhampton Crown Court both the company and Latewood changed to guilty pleas.

Prosecuting counsel Mr John Elvidge KC said the new guilty pleas were being made on a "basis of neglect" and were acceptable to the Crown Prosecution Service.

"As far as the company is concerned the basis outlines the level of culpability. There may be some factual issues likewise with Latewood. There is a substantial shift in blame to the first defendant," Mr Elvidge said." Latewood's plea accepted on the basis of neglect rather than blame or connivance," he added.

Mr Mark Balysz KC, defence counsel for Latewood, said she accepted the Crown's case against her on the basis put forward and there was no dispute. He said the case passed the custody threshold and he asked for a pre-sentence report.

"The company is in liquidation," he added.  

Judge Michael Chambers KC said the matter required the submission of the company's accounts for the last five years ahead of the sentencing date.

"Miss Cookson and Miss Latewood your case  is adjourned  for sentence  for April 16. Be here on that date in good time. Keep in touch with your solicitors."  

Nursery worker Kimberley Cookson,  23, previously admitted one count of gross negligence manslaughter relating to the toddler's death.

Noah was taken to Russells Hall Hospital in Dudley after paramedics and police were called to the nursery, but sadly he could not be saved.  

Fairytales Day Nursery has been closed since the tragedy and 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 54, of Himley Avenue; and Cookson, of The Broadway, both in Dudley, will be sentenced in Wolverhampton, on April 16. Both were granted bail until then.