Nursery School Accepts Responsibility for Toddler's Death During Nap Time Restraint

A nursery has acknowledged its role in the tragic death of a 14-month-old boy, Noah Sibanda, admitting to corporate manslaughter and health and safety violations.

The incident occurred at Fairytales Day Nursery, located on Bourne Street in Dudley, in December 2022, when the child was being restrained during nap time.

At Wolverhampton Crown Court, the nursery's owner, Deborah Latewood, 55, confessed that she should have been aware of the risky practices being employed in putting children to sleep.

Twenty-three-year-old nursery worker Kimberley Cookson has previously accepted a charge of gross negligence manslaughter in connection with the case. Reports indicate that she attempted to make Noah sleep by positioning him face down on a soft cushion while restraining him with her leg.

Latewood and the nursery were scheduled for a trial in April but opted to enter new pleas instead.

The director admitted that she was unaware of the dangerous sleeping methods employed yet accepted that she should have known better.

According to the Crown Prosecution Service (CPS), CCTV footage revealed Noah being wrapped tightly in a sleeping bag with a blanket obscuring his face, laid face down by Cookson.

It was noted in the prosecution's allegations that she compelled him to sleep despite his apparent reluctance, which contributed to the tragic outcome.

When it was discovered that Noah was not breathing, emergency services were called; however, he was pronounced dead upon arrival at the hospital.

Both Latewood and Cookson, as well as the now-defunct nursery, are set to receive sentencing on April 16.

The formal charges acknowledged include:

1\. Kimberley Cookson - gross negligence manslaughter

2\. Fairytales Day Nursery Limited - corporate manslaughter and failing to comply with Health and Safety at Work Act 1974

3\. Deborah Latewood - failing to comply with general obligations under the Health and Safety at Work Act 1974.

Alex Johnson from the CPS described the incident as "deeply distressing," emphasizing that it represents "every parent's worst fear when leaving their child at a nursery."

The CPS stated, "Noah Sibanda should have been safeguarded in the hands of professionals responsible for his care. He lost his life due to reckless and dangerous sleeping practices that clearly posed a significant risk of harm."

Johnson further noted that evidence, including CCTV and reports from medical experts, indicated that Noah was placed in a manner that severely limited his ability to breathe and move.

"The prosecution's argument asserted that these unsafe practices created a suffocating situation from which the 14-month-old was unable to extricate himself," Johnson said.

He added that nursery providers have an essential duty to ensure the safety of the children entrusted to them, highlighting the severe consequences that arise when this duty is neglected.