A nursery worker broke down in court before being sentenced to three years and four months in jail following the tragic death of a 14-month-old toddler who suffocated while being put to sleep in a highly risky position. The incident took place at Fairytales Day Nursery in Bourne Street, Dudley, where Noah Sibanda lost his life on December 9, 2022, as he was tightly wrapped in a sleeping bag. CCTV footage captured the heartbreaking scene of the toddler lying face down with a blanket over his head while nursery worker Kimberley Cookson used her leg to restrain him.
Cookson, 23, who had previously admitted to gross negligence manslaughter, was seen restricting Noah’s movements by placing her leg across his body as he struggled. Despite signs of distress, Cookson continued to confine him in the sleeping bag until he eventually stopped moving. The court heard that Cookson then indicated to a colleague that she believed Noah was asleep.
The nursery, which is now closed, pleaded guilty to corporate manslaughter and a health and safety offense related to Noah’s death. The owner, Deborah Latewood, 55, acknowledged her failure to ensure safe sleeping practices and received a suspended six-month prison sentence.
During the trial, it was revealed that Noah was placed in a season three “sleeping pod,” which was deemed unsuitable for indoor daytime use due to its insulating properties. The prosecutor emphasized the exceptionally dangerous sleeping conditions at the nursery, causing Noah to struggle to breathe and overheat.
Noah’s parents, Masi and Thulani Sibanda, expressed their deep anguish over the tragic loss of their son. Masi described the nursery’s actions as a reckless gamble with their children’s lives, highlighting her enduring guilt and mistrust. Thulani shared the profound impact of Noah’s absence on his mental well-being, lamenting the missed opportunities and milestones they would never experience with their beloved child.
Cookson, in a statement to the court, expressed remorse and a desire for forgiveness from Noah’s family, acknowledging the lasting trauma of the incident. Her defense emphasized that the nursery had systemic failures and a hazardous working environment that contributed to the tragedy.
Representatives for the nursery extended sincere apologies to Noah’s family, acknowledging the breach of trust and the profound sorrow caused by the incident. They emphasized the company’s commitment to addressing the shortcomings and ensuring such a tragedy never recurs.
