A nursery worker who killed a 14-month-old boy while trying to get him to sleep has been jailed for three years and four months for gross negligence manslaughter.
Kimberley Cookson stared downwards in the dock as a judge said it was “blind luck” that there had been no other deaths at Dudley-based Fairytales Day Nursery before that of Noah Sibanda.
Wolverhampton Crown Court heard Cookson was recorded by CCTV cameras as she tightly wrapped Noah in a sleeping bag, placed a blanket over his head, and laid him face down to sleep inside an indoor tepee.
The 23-year-old, from Dudley, also restrained him with her left leg before Noah went unchecked for two hours on December 9 2022.
He was then found unresponsive in the baby room at the nursery and was pronounced dead in hospital an hour later despite efforts to revive him.
Nursery owner Deborah Latewood has 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 should have known, while the firm which ran the nursery has admitted corporate manslaughter.
The sentencing hearing was told that exceptionally dangerous sleeping routines for infants at the nursery posed risks of overheating and exhaustion, the court heard.
Passing sentence on Friday, High Court Judge Mr Justice Choudhury said: “Tragically, the events of that day meant that Mr and Mrs Sibanda would never see Noah alive again.
“The court has been shown CCTV footage of the baby room. The images on that footage can only be described as shocking.
“There were repeated instances of rough handling of babies by several of the nursery practitioners, including Miss Cookson, often in view of a manager.”
The judge said babies had been repeatedly tightly swaddled and then been covered in blankets or cloth in what was an “established” practice.
“Not once did any practitioner challenge another about this practice. These dangerous and unacceptable practices, which went unchecked at his nursery, reached their inevitable conclusion on the 9th of December 2022.”
The level of disregard for Noah’s welfare was distressing to watch, the judge said, with the “horrible truth” being that Noah was probably unconscious after he stopped moving at around 1.10pm on December 9.
The judge fined Fairytales Day Nursery £240,000 for corporate manslaughter, noting that the risk of death had been “highly foreseeable”.
Latewood, also of Dudley, was spared jail due to a recent change in sentencing laws.
The 55-year-old was given a six-month jail sentence, suspended for two years.
Mr Justice Choudhary said he would “ordinarily” have sentenced Latewood to immediate custody, but a change made under the 2026 Sentencing Act meant any sentence under 12 months must be suspended.
Fairytales Day Nursery was also ordered to pay £56,000 in costs by the judge, who told Cookson: “In my judgment Noah’s suffering may not have been obvious to you but it ought to have been.
“This is not a case where you knowingly set out to suffocate or asphyxiate.
“You are clearly remorseful.
“You have attempted to understand that Noah’s parents are the real sufferers here.
“You have not sought to blame others.”
Ofsted, which ordered the nursery to close shortly after the incident, said in a statement: “Our thoughts remain with Noah’s family and we are deeply sorry for their loss.
“No child should ever come to harm in a place that is meant to keep them safe.
“The Government has recently announced new funding to allow us to inspect nurseries more frequently and we continually review our work, alongside our partners, to help make nurseries as safe as they can be for children.”
Noah’s parents, Masi and Thulani, appeared outside court after the sentencing alongside senior investigating officer Detective Inspector Carla Thompson, who read a statement on their behalf.
Their statement said: “Our son Noah died at just 14 months because of the gross negligence of someone who was trusted to care for him.
“There is no way to describe the depth of pain that comes from losing a child, and there is no form of justice that can ever balance what has been taken from us.”
The statement added: “We cannot comprehend what could justify treating a barely walking child the way Noah was treated.
“There’s no sentence that would amount to the pain and suffering Noah was caused, or the suffering that has spread to everyone who loved him. Nothing can restore what’s been taken from us.”
