A nursery practitioner has been jailed for the gross negligence manslaughter of a 14-month-old toddler who died after being suffocated while staff tried to make him fall asleep.

Toddler Noah Sibanda died at Fairytales Day Nursery on 9 December 2022 having been physically restrained face down on a cushion, with a blanket over his face and a leg placed over him.

Nursery practitioner Kimberley Cookson, 23, was today jailed for three years and four months at Wolverhampton Crown Court after previously pleading guilty to gross negligence manslaughter. This related to her conduct in making Noah sleep. 

Fairytales Day Nursery Limited was fined £240,000 after it previously admitted one count of corporate manslaughter and a Health and Safety at Work Act offence. It was also ordered to pay £56,000 in costs. 

Director and business owner Debbie Latewood, 55, was sentenced to six months' imprisonment, suspended for two years. She previously 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 this dangerous way, though should have known. She was also disqualified from being a director for seven years. 

The incident was captured on CCTV at the nursey, and showed Noah was tightly wrapped in a sleeping bag, had a blanket placed over his head, and was laid face down to sleep by Cookson.

She held him in place face down on a soft cushion and restrained him with her leg for some of that time, in what appeared to be an effort to make him sleep when he did not want to. After a considerable duration, it was noticed that he was not breathing, and the emergency services were called. Noah was pronounced dead at hospital.

Alex Johnson, Senior Specialist Prosecutor within the Crown Prosecution Service’s Special Crime Division, 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.”