Nursery admits manslaughter of toddler in its care

A nursery has admitted corporate manslaughter and health and safety offences over the death of a 14-month-old boy.

Noah Sibanda died after being restrained while being put down to sleep at the now-closed Fairytales Day Nursery, on Bourne Street, Dudley, on 9 December 2022.

The company admitted one count of corporate manslaughter and a Health and Safety at Work Act offence at Wolverhampton Crown Court on Wednesday.

Owner Deborah Latewood, 55, also pleaded guilty to a health and safety charge.

Nursery worker Kimberley Cookson, 23, had already admitted gross negligence manslaughter in the case. She tried to make Noah sleep by placing him face-down on a soft cushion, restraining him with her leg.

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

The director admitted the offence on the basis that she did not know children were being put down to sleep in a dangerous way, but should have.

The Crown Prosecution Service (CPS) said CCTV showed 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 "make him sleep when he did not want to", the CPS added.

It was noticed that Noah was not breathing and emergency services were called, but he was pronounced dead in hospital.

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

Alex Johnson from the CPS described the case as "deeply distressing", representing "every parent's worst nightmare whenever they leave their young child at a nursery," they said.

"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.

"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."