Sentencing of Dudley nursery and owner over death of 14-month-old boy delayed
Sentencing of a Dudley nursery and its owner over the death of a healthy 14-month-old boy has been delayed.
Sentencing has been delayed until tomorrow on a director and worker at a Dudley nursery over their role in the death of a toddler in their care.
Fourteen-month old Noah Sibanda was attending Fairytales Day Nursery on Bourne Street, Dudley on December 9 2022 when he passed away after being restrained during a sleep time.
Nursery director and owner Deborah Latewood, aged 55 and nursery worker Kimberley Cookson, aged 23 will now be sentenced tomorrow at 2.30pm at Wolverhampton Crown Court.
Latewood is to be sentenced on a health and safety on the basis of neglect, a charge she earlier admitted.
Cookson, a nurse practitioner earlier admitted gross negligence manslaughter.
The company which operated Fairytales Day Nursery, Fairytales Day Nursery Limited, admitted corporate manslaughter and a breach of health and safety - it is no longer trading.
Noah passed away after Cookson attempted to force the child to sleep by restraining him in a tight blanket and laying him facedown on a pillow.
The death sparked an intense police investigation.It led to West Midlands Police investigators watching hundreds of hours of CCTV footage surrounding the time of death of the youngster, and speaking to dozens of families about the practices of the nursery.
After the investigation, Cookson admitted to gross negligence manslaughter in relation to her actions, with Latewood initially denying corporate manslaughter, a failure to ensure that children in the baby room were put down to sleep safely, a failure to ensure that staff were adequately trained to put babies down to sleep, and a failure to ensure staff were adequately supervised whilst doing so.
The case was initially due to go to trial due to Latewood’s plea, but both she and the company changed their pleas to guilty.A packed courtroom earlier watched CCTV footage of events on the day of December 9 2022 leading up to Noah's event.
Dominic Kay KC said the actions of senior management at the nursery amounted to a gross breach of Noah and others.He said there was a culture where children "were not being treated with sufficient care by some of the practitioners".
But he said prior to these events the company was a well run successful business and a popular nursery.
Members of Noah's family packed the public gallery during the all day sentencing.
Cookson and Latewood sat close to each other in the dock and were visibly emotional throughout.Testimonies on their behalf were read out which expressed their regret and sorrow over Noah's death.
Kimberly Cookson "had the good sense to own up for her actions" her counsel said.
Mitigating for Cookson, aged 23, Rashad Mohammed said she immediately accepted responsibility for what she had done and did not seek to have a trial which would have affected the family. Cookson was 20 at the time of Noah's death, having started working at the nursery at the age of 16.
The court heard she was earning just £15,000 per annum for a 42 hour week. Mr Mohammed said there were failures in the nursery at a higher level and practices that were unsuitable and "quite simply dangerous".
Mark Balysz KC mitigating on behalf of for nursery owner Deborah Latewood , aged 55, said she had dedicated her life to caring for children.
He said her motivation in starting the business in 2003 "was fuelled by working in not so good nurseries and seeing greedy owners," he said. "The turnover of the business was healthy but at the low end of the scale.
"She kept fees low and indeed between her and her husband, at the time of the incident was only taking home £60, 000 so she was never motivated by money, " he said. " She is contrite and devastated by what happened and was shocked when she saw the incident on CCTV."
Latewood, of Himley Avenue, Dudley, admitted a Health and Safety at Work Act offence on the basis that she did not know children were being put down to sleep in a dangerous way, but should have known.
Victim impact statements were read out in the morning on behalf of Noah's parents.
Judge Akhlaq Chowdrey adjourned sentencing until Friday afternoon for reports and to view more footage of the incident
The hearing continues.