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Nursery worker and owner sentenced after death of 'kind and calm' toddler
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A nursery owner and worker have been sentenced after the death of a ‘kind and calm’ toddler in Dudley.
Noah Sibanda was 14 months old when he was found unresponsive at Fairytales Day Nursery in Bourne Street on 9 December 2022.
Officers were called by ambulance service colleagues just after 3.20pm. Despite the best efforts of paramedics, Noah was sadly pronounced dead a short time later.
Following an inspection by Ofsted, the nursery along with a second linked nursery on St James Road was closed and we launched an investigation into Noah’s death.
Officers reviewed hours of CCTV footage and uncovered the extent of the nursery’s unsafe sleeping practices with children.
In the events leading up to Noah’s death, his key worker, Kimberley Cookson, wrapped Noah tightly in a blanket and placed him face down on a cushion with a blanket over his head. He could not free himself so slid off the cushion onto the floor.
After only being awake 30 minutes, Noah was put down ready for another sleep. He was again wrapped up and placed face down in a tepee with a blanket over his head at around 12.45pm. Despite Noah’s wriggles, Cookson continued to pat him to sleep and put her leg over him for several minutes.
Noah wasn’t physically checked on until 3.15pm, when staff realised, he wasn’t breathing and rang paramedics.
On 16 December 2022, Cookson, aged 23, was arrested in relation to Noah’s death.
Following further enquiries into the nursery’s safety procedures, the owner of Fairytales Day Nursery, Deborah Latewood, was then also arrested on 4 January 2023.
Sleep records were not maintained by nursery staff and Latewood was unable to establish what training baby room staff had completed.
During interview, Cookson said she wasn’t aware that placing a child on their back was safer and she also placed bedding over the children’s faces as the nursery curtains were poor and some preferred sleeping in the dark.
Following a lengthy investigation, the two women were subsequently charged.
Cookson of The Broadway, Dudley admitted gross negligence manslaughter at a hearing last June.
Last month, Latewood, of Himley Avenue, Dudley admitted to failing to comply with general duties under the Health and Safety at Work Act.
Fairytales Nursery Limited has also admitted to corporate manslaughter and failing to comply with a duty under the Health and Safety at Work Act.
Today, during the sentencing hearing at Wolverhampton Crown Court, the judge said dangerous sleep techniques were used, and each and every child in the baby room in November and December 2022 was at some risk of death.
The judge also commented, nothing can compensate Noah’s parents for their unimaginable loss.
Following his remarks, Cookson was jailed for three years and four months. Latewood was sentenced to a six-month jail term suspended for two years and the company was also fined £240,000.
Detective Inspector Carla Thompson, senior investigating officer, said: “This has been a truly distressing and tragic investigation.
“Noah was just a little boy, whose life was only just beginning but has been lost at the hands of those who were meant to care for him.
“Cookson was obsessed with getting Noah to sleep despite him showing clear signs he just wanted to play.
“She showed little care for Noah, even restraining him to get him to settle.
“Latewood was not aware of the unsafe sleep practices going on in her nursery and as the owner she should have known.
“No outcome will ever be enough to replace the pain and loss experienced by Noah’s family and his loved ones, but I want to thank them for their support during this investigation and their courage to get justice for Noah.”
In tribute to Noah, his parents said: “Our son Noah died at just 14 months old because of the gross negligence of someone who was trusted to care for him. When your child is taken from this world, the loss is immeasurable. It affects every part of your life, every relationship, and every day that follows.
“After he was born, we truly felt he was a prayer answered. He was always our calm, mild little boy, and as his personality grew, he became more confident, intelligent, but always kind, and he often looked at us with a sense of patience and gentleness.
“Noah deserved to live. He deserved to be protected. And we deserved to watch him grow up.”