

A nursery worker has been sentenced to more than three years in prison following the death of 14-month-old Noah Sibanda at a nursery in Dudley, after a court heard he was subjected to dangerous sleeping practices and left unmonitored for an extended period.
Noah Sibanda was 14 months old when he was found unresponsive at Fairytales Day Nursery in Bourne Street, Dudley, on 9 December 2022. Emergency services were called to the scene shortly after 3.20pm, but despite efforts from paramedics, he was later pronounced dead.

Following a detailed investigation led by West Midlands Police, including the review of extensive CCTV footage, officers uncovered repeated unsafe sleep practices in the nursery’s baby room. These practices included children being placed face down, wrapped in bedding, and inadequately monitored during sleep periods.
Nursery practitioner Kimberley Cookson, aged 23, admitted gross negligence manslaughter in relation to her actions. She was sentenced at Wolverhampton Crown Court to three years and four months in prison for her role in Noah’s death.

The court heard that Cookson had placed Noah face down on a cushion, wrapped in a sleeping bag and covered with a blanket, while attempting to get him to sleep. He was also restrained for a period and left in a position that severely restricted his ability to move and breathe. He was not checked on for approximately two hours before staff realised he was unresponsive.

The nursery’s owner, Deborah Latewood, was also sentenced after admitting failing to comply with health and safety duties under the Health and Safety at Work Act. The nursery company itself admitted corporate manslaughter and further health and safety breaches, and was fined £240,000. The nursery has since closed.

During sentencing at Wolverhampton Crown Court, the judge condemned the unsafe practices used in the setting and stated that the risk to children in the baby room had been significant. The court also heard that none of this was properly monitored or addressed by management at the time.
Following the sentencing, Detective Inspector Carla Thompson, the senior investigating officer, said:
This has been a truly distressing and tragic investigation.
“Noah was just a little boy, whose life was only just beginning but has been lost at the hands of those who were meant to care for him.
“Cookson was obsessed with getting Noah to sleep despite him showing clear signs he just wanted to play.
“She showed little care for Noah, even restraining him to get him to settle.
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“Latewood was not aware of the unsafe sleep practices going on in her nursery and as the owner she should have known.
“No outcome will ever be enough to replace the pain and loss experienced by Noah’s family and his loved ones, but I want to thank them for their support during this investigation and their courage to get justice for Noah.”

The case has also drawn wider attention to safe sleeping guidance in early years care settings, with organisations such as Ofsted and childcare regulators consistently advising that babies should be placed on their backs to sleep, in clear and safe environments, to reduce the risk of suffocation.
Noah’s parents described him as a “kind and calm” toddler in court statements, sharing their devastation at the loss of their son and calling for accountability for the failures that led to his death.
The investigation remains one of the most serious recent cases involving childcare negligence in the West Midlands, with authorities stressing the importance of proper training, supervision and adherence to safe sleep procedures in all nursery environments.