A daycare employee wept in court before being sentenced to three years and four months in prison following the tragic death of a 14-month-old child who suffocated while being put to sleep in a highly risky manner.
Noah Sibanda passed away at Fairytales Day Nursery in Dudley on December 9, 2022, after being wrapped tightly in a sleeping bag. CCTV footage showed the toddler lying face down in the bag with a blanket over his head while Kimberley Cookson, a nursery worker, restrained him using her leg.
During the incident, Noah was observed struggling as Cookson, who had previously admitted to gross negligence manslaughter, used her leg to restrict his movements. Despite his distress, Cookson continued to keep the sleeping bag tightly wrapped around Noah.
The court learned that the nursery, now closed, had acknowledged corporate manslaughter and a health and safety violation related to Noah’s death. The judge imposed a fine of £240,000 on the nursery and ordered them to pay £56,000 in costs.
Furthermore, the nursery’s owner, Deborah Latewood, accepted a sentence of six months in prison, suspended for two years, admitting to failing in ensuring safe sleeping practices for the children under their care.
According to the prosecutor, the sleeping bag used on Noah was unsuitable for indoor daytime use, being designed for outdoor camping in cooler weather. The nursery’s sleeping conditions were flagged as extremely hazardous, leading to Noah’s exhaustion, overheating, and breathing difficulties.
Tragically, Noah was discovered unresponsive by staff, prompting efforts to revive him through CPR. Despite their attempts, he was pronounced dead in the hospital.
Cookson, who started working at the nursery as an apprentice at 16, expressed to the police her lack of understanding regarding her actions towards Noah. She admitted to wrapping the child tightly but claimed she thought it was acceptable as long as airflow was not obstructed.
Noah’s parents had chosen the nursery based on positive reviews and awards, trusting in the facility’s care for their child. However, they later expressed shock and anguish over the fatal incident, highlighting their deep sense of loss and regret.
In her statement, Cookson expressed deep remorse and the hope for forgiveness from Noah’s family. She acknowledged the profound impact of the tragedy on her life and accepted the need for accountability and punishment.
Mitigating circumstances were presented, citing systemic failures within the nursery and inadequate staff training as contributing factors to the tragic event. The company, Fairytales Ltd, extended sincere apologies to Noah’s family, recognizing the breach of trust and the irreparable harm caused.
The court proceedings revealed the heart-wrenching impact of Noah’s untimely death on his parents, who continue to mourn the loss of their son and the life he could have had. They emphasized the need for justice and accountability in honoring Noah’s memory and the pain of his absence.