A nursery worker from Dudley who was jailed over the death of a 14-month-old boy has expressed that the tragic incident will haunt her for the rest of her life. Kimberley Cookson, 23, admitted to gross negligence manslaughter in connection with the death of Noah Sibanda on December 9, 2022, at the now-closed Fairytales Day Nursery in Bourne Street, Dudley.
Court Hears Details of Fatal Incident
During the proceedings at Wolverhampton Crown Court, it was revealed that Cookson had tightly wrapped Noah Sibanda in a sleeping bag and placed him face down in a tepee with a blanket over his head. Additionally, she put her leg over the toddler for approximately seven minutes in an attempt to get him to sleep, despite him having woken from a nap less than an hour earlier.
Neither Cookson nor any other staff members at the nursery physically checked on Noah for two hours. By the time they did, he was no longer breathing and was pronounced dead at the hospital at 4:15 pm.
Emotional Letter Read in Court
Before being sentenced to three years and four months in prison, a letter penned by Cookson to the Honourable Mr Justice Choudhury was read aloud in court. In the letter, Cookson wrote, "I'm writing this with a heavy heart, still struggling to come to terms with the tragic accident that resulted in the loss of Noah. Words cannot express the depths of my sorrow and regret for what happened on that day."
She continued, "I am fully aware that my actions have caused immeasurable pain, and for that I am truly and deeply sorry. There is not a moment that goes by when I don't think about what happened, and the impact it has had on everyone."
Cookson's Reflections and Regrets
Cookson, who began working at the nursery as an apprentice in 2019 and had qualified as a Level 2 Early Years Practitioner, expressed her remorse and the personal changes she has undergone. "Since that day, I've been reflecting on my life," she said. "This tragedy has instilled in me a profound sense of responsibility, and a commitment to living a life that honours Noah's memory."
She added, "I know there is no excuse for my actions, whether I was trained incorrectly isn't an excuse, I should have known better, done better, and used some common sense. What happened will haunt me for the rest of my life."
Systemic Failures at the Nursery
Rashad Mohammed, representing Cookson, highlighted several contributing factors to the failure. He described the working environment as "not a healthy one" and pointed to "failures at a higher level," with practices that were "unacceptable and quite clearly dangerous."
Cookson told police she had not received specific training in safe sleeping practices and was largely learning on the job. Although she had completed a training module on minimising sudden infant death syndrome, Mr Mohammed noted that "quite evidently, that training wasn't sufficient."
Prosecution's Findings
Prosecutor John Elvidge stated that the nursery's safe sleep policy, last updated in January 2022, was not operated or understood by staff in the baby room. He revealed that wrapping children and covering their heads were habitual practices by all staff members, including the room leader, and were applied to infants regardless of age or mobility, often in the presence of other staff.
Legal Consequences for the Nursery
Fairytales Day Nursery Limited was fined £240,000 after admitting corporate manslaughter and failing to comply with duties under the Health and Safety at Work Act 1974. The firm was also ordered to pay £56,000 in costs.
Additionally, director and business owner Deborah Latewood, 55, admitted failing to comply with general duties under the same act, on the basis that she was unaware of the dangerous sleeping practices. She was jailed for six months, suspended for two years.
Cookson concluded her letter by expressing hope that Noah's family would one day be able to forgive her, acknowledging the immense pain her actions had caused and her commitment to making amends through positive actions.
