Nursery admits corporate manslaughter after boy suffocated while being held down

A nursery has admitted corporate manslaughter after a 14-month-old boy suffocated while staff tried to make him fall asleep.

Noah Sibanda died at Fairytales Day Nursery in Bourne Street, Dudley, West Midlands, on December 9 2022 having been physically restrained face down on a cushion with a blanket over his face and a leg placed over him, the Crown Prosecution Service (CPS) said.

Fairytales Day Nursery Limited appeared at Wolverhampton Crown Court on Wednesday to admit one count of corporate manslaughter and a Health and Safety at Work Act offence.

Director and business owner Deborah Latewood, 55, also admitted a Health and Safety at Work Act offence on the basis that she did not know children were being put down to sleep in a dangerous way, but she should have known.

Latewood and the nursery were expected to face a trial in April but entered new pleas.

Nursery practitioner Kimberley Cookson, 23, previously admitted gross negligence manslaughter in relation to her actions in trying to make Noah sleep.

The CPS said the incident, which was captured on CCTV at the nursery, saw Noah tightly wrapped in a sleeping bag with a blanket over his head and laid face down to sleep by Cookson.

She is said to have held the toddler face down on a cushion and restrained him with her leg for some of that time, in what the CPS said appeared to be an effort to “make him sleep when he did not want to”.

It was then noticed that Noah was not breathing and 999 was called but Noah was pronounced dead in hospital.

Latewood and Cookson, who are both from Dudley, and the nursery, which is no longer in operation, are expected to be sentenced on April 16.

Alex Johnson, senior specialist prosecutor at the CPS, said: “This case has been deeply distressing and represents every parent’s worst nightmare whenever they leave their young child at a nursery.

“Noah Sibanda should have been safe in the care of professionals entrusted with his wellbeing.

“He lost his life as a result of reckless and dangerous sleeping practices which posed an obvious and serious risk of harm.

“The evidence in this case, including CCTV footage and expert medical findings, showed that Noah was placed to sleep in a way that severely restricted his ability to breathe and move.

“The prosecution case was that these practices created a suffocating environment, from which a 14-month-old child was clearly unable to escape.

“Fairytales Day Nursery Limited has now accepted criminal responsibility for the systemic failures that led to this tragedy, and Deborah Latewood has also acknowledged that the failings occurred under her management and oversight.

“Kimberley Cookson has also taken responsibility for her harmful actions.

“Nursery providers have a fundamental duty to protect the children in their care.

“This case underscores the devastating consequences of what happens when that duty is breached.

“Our thoughts remain with Noah’s family, who have endured an unimaginable loss.”