Nursery admits corporate manslaughter after toddler suffocated while being 'made' to sleep

A nursery has admitted corporate manslaughter over the death of a toddler who died after being suffocated as staff tried to get him to sleep.

Noah Sibanda, who was 14 months old, died at Fairytales Day Nursery in Bourne Street, Dudley, in December 2022.

Events leading up to his death, which were captured on the nursery's CCTV, showed that he had been restrained face down on a cushion while tightly wrapped in a sleeping bag.

A blanket had been put over his head, and he was laid face down to sleep with a leg placed over him by nursery worker Kimberley Cookson.

She held him there, restraining 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".

It was then noticed that he was not breathing, and the emergency services were called. Noah was declared dead at hospital.

The private nursery, which is no longer in operation, admitted corporate manslaughter and an offence against the Health and Safety at Work Act at Wolverhampton Crown Court on Wednesday.

Owner and director Deborah Latewood, 55, who accepted that she did not know children were being put down to sleep in such a dangerous way, but should have, pleaded guilty to a Health and Safety at Work Act offence.

Cookson, 23, previously admitted gross negligence manslaughter at the same court over how she made Noah sleep.

Alex Johnson, senior specialist prosecutor within the CPS's Special Crime Division, called the case "deeply distressing", saying it represents "every parent's worst nightmare whenever they leave their young child at a nursery".

Mr Johnson said Noah "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," said Mr Johnson.

"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."

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These practices "created a suffocating environment, from which a young child was clearly unable to escape, added Mr Johnson.

He went on: "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."

Latewood and the nursery were expected to face a trial in April, but new pleas were entered. The defendants will be sentenced on 16 April.

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