Dudley Nursery Worker Sentenced Over Tragic Toddler Death
A nursery worker from Dudley has been jailed for three years and four months after admitting gross negligence manslaughter in the death of a 14-month-old boy she restrained while attempting to force him to sleep.
Fatal Restraint Incident at Fairytales Day Nursery
Kimberley Cookson, 23, was working at the now-closed Fairytales Day Nursery on Bourne Street in Dudley when the tragic incident occurred on December 9, 2022. The court heard how 14-month-old Noah Sibanda was 'tightly' wrapped in a sleeping bag with his arms by his sides and 'roughly' placed face down on a cushion inside an indoor tepee.
Cookson then placed a blanket over Noah's head and 'forcefully' patted him before putting her leg over the toddler 'for around seven minutes' to restrain him. She left the area when she believed he had fallen asleep, but Noah was not physically checked for two hours despite staff being in and out of the baby room.
Delayed Discovery and Failed Rescue Attempt
CCTV footage captured Noah 'struggling' during the incident, with his last movement recorded at 1.12pm. Cookson briefly looked into the tepee at 2.32pm but didn't physically check on the child. It wasn't until 3.13pm that staff discovered Noah was unresponsive and immediately called emergency services.
Despite attempts at CPR by nursery staff, nothing could be done to save the young boy. Noah was pronounced dead at hospital at 4.15pm that same afternoon.
Court Proceedings and Sentencing
At Wolverhampton Crown Court on Thursday, April 12, Cookson was sentenced to three years and four months imprisonment. Representing Cookson, Rashad Mohammed told the court: "She bitterly regrets what happened and only wishes she could turn back the clock. She has had the good sense to own up to her actions. She did not seek to have a trial."
In a letter addressed to Judge Justice Choudhury, Cookson wrote: "I'm fully aware my actions have caused immeasurable pain and for that I am truly sorry. Not a moment that goes by that I don't think about what happened. What happened will haunt me for the rest of my life."
Systemic Failures and Inadequate Training
The court heard concerning details about the working environment at the nursery. Cookson, who earned approximately £15,000 annually, told police she had "not received specific training in relation to safe sleeping practices" and described her experience as "very much a case of learning on the job."
Mr Mohammed explained that while Cookson had completed some training related to minimizing sudden infant death syndrome, "quite evidently, that training wasn't sufficient." He added that Cookson had turned 20 the day before Noah's death, and her "lack of maturity and professional experience may have contributed to poor decision-making and her inability to speak out against unsafe practices."
Corporate Responsibility and Additional Sentencing
Fairytales Day Nursery Limited was also sentenced after admitting corporate manslaughter and failing to comply with duties under the Health and Safety at Work Act 1974. The company was fined £240,000 and ordered to pay costs of £56,000.
Dominic Kay KC, representing the company, acknowledged that Noah's death should "never have happened" and that the owners were "truly sorry." He revealed that "children being put to sleep in an unsafe way had become commonplace" in the baby room in the weeks leading up to Noah's death, and that children were "clearly not being treated with sufficient care by some, not all, of the nursery practitioners."
Nursery Director's Role and Sentencing
Nursery director and business owner Deborah Latewood, 55, was also sentenced during the hearing after admitting failing to comply with general duties under the Health and Safety at Work Act 1974. Latewood claimed she did not know children were being put down to sleep in dangerous ways.
In her letter to the judge, Latewood wrote: "I am very sorry. Noah was a beautiful, happy, lovable child. He was a cheeky chappie; his laugh was endearing. My words will never be enough. This loss has devastated my family and me. I cannot and will not ever be able to comprehend Noah's parents' loss, grief and anger."
Latewood received a six-month jail sentence, suspended for two years. Her representative, Mark Balysz KC, stated that what happened to Noah and the wider unsafe sleeping practices had been "an appalling shock" to Latewood, who "genuinely thought the nursery was well run and safe" but now "accepts she should have known."
The case has highlighted critical safety concerns in childcare settings and the devastating consequences when proper training and supervision are lacking. Both individual and corporate accountability have been established through the court's sentencing decisions, though nothing can undo the tragic loss of young Noah Sibanda's life.
