Parents Were Seeking Alternative Childcare Before Son's Tragic Nursery Death
A heartbreaking court case has revealed that the parents of 14-month-old Noah Sibanda were planning to remove him from Fairytales Day Nursery in Dudley in the days leading up to his tragic death. The nursery worker responsible for his care has been jailed for gross negligence manslaughter after Noah died alone, scared, and in pain at the now-closed facility.
The Tragic Events of December 9, 2022
Noah Sibanda's life was cut short on December 9, 2022, at the Fairytales Day Nursery located on Bourne Street in Dudley. During a sentencing hearing at Wolverhampton Crown Court this week, prosecutor John Elvidge detailed how nursery worker Kimberley Cookson, 23, had swaddled Noah in a sleeping bag and placed him face-down on a cushion inside an indoor tepee.
The court heard that Cookson put her left leg on Noah to prevent him from moving, and during the two hours it took staff to physically check on him, the toddler had stopped breathing. Noah was pronounced dead at the hospital at 4:15 pm that same day.
Growing Parental Concerns About Nursery Care
Prosecutor Elvidge told the court that Noah's parents had become increasingly dissatisfied with the nursery's care in the months before his death. They were actively looking at alternative childcare options due to several serious concerns that had emerged since Noah started attending the nursery five days a week in June 2022.
The parents' concerns centered on three main issues:
- Inconsistency with staff members
- Discrepancies between information provided in the nursery's application and actual practices
- Noah being frequently sent home with reported diarrhoea that his parents saw no evidence of
In fact, on the morning of Noah's death, his mother had messaged a friend stating they were taking Noah out of the nursery. The parents had even interviewed a potential au pair just days before the tragedy occurred.
Contrast Between Home and Nursery Sleep Practices
The court heard detailed testimony about Noah's normal sleep routine at home, which contrasted sharply with the dangerous practices employed at the nursery. At home, Noah would typically wake between 7 am and 8 am and stay awake for 1.5 to 3 hours before taking a morning nap.
His parents emphasized that they never forced him to sleep. If Noah didn't fall asleep within 10-15 minutes of being placed in his crib, they would try rocking him gently. Following a nap, he would usually be awake for another 2-3 hours before a second nap, but if he didn't want to sleep, he was allowed to continue playing.
This gentle approach stood in stark contrast to what happened at the nursery on December 9. Cookson had attempted to get Noah to sleep for the second time that day despite him waking from his first nap less than an hour earlier.
Deceptive Nursery Promises and Awards
Prosecutor Elvidge revealed that Noah's parents had initially been attracted to Fairytales Day Nursery because it had won awards and received a 'good' Ofsted rating. They received a prospectus assuring them that the nursery was owned and run by fully qualified nursery nurses who had received high-quality training.
During their visit to the nursery, they were told that sleeping practices encouraged independence. When they explained they would rock Noah to sleep if necessary, staff assured them they would do the same if required. However, the dangerous sleeping arrangements that contributed to Noah's death were not part of the Ofsted report that gave the nursery its good rating.
Legal Consequences and Sentencing
Kimberley Cookson was sentenced to three years and four months in prison after admitting to gross negligence manslaughter. The tragedy has resulted in multiple legal consequences for the nursery and its leadership.
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 company was also ordered to pay costs of £56,000.
Nursery director and business owner Deborah Latewood, 55, admitted failing to comply with general duties under the same act. She received a six-month jail sentence, suspended for two years, on the basis that she did not know children were being put down to sleep in this dangerous manner.
A Life Cut Short
Noah Sibanda was born at Dudley's Russell Hall Hospital on September 30, 2021, following a normal pregnancy. His father described him as a very good child who laughed easily and was a joy to be around.
He was not fussy or demanding, could stand by himself, and was beginning to walk and speak. Noah had a gentle manner, was good with other children, and was fine with adults outside the family. His parents' plans to find safer childcare came tragically too late, and after dropping him off at the nursery on that December morning, they would never see their son alive again.
