A woman working at a nursery broke down in tears in court before being sentenced to three years and four months in prison for the death of a 14-month-old toddler who suffocated while she attempted to make him sleep in a perilous position.

The tragic incident occurred at Fairytales Day Nursery in Bourne Street, Dudley, resulting in the death of Noah Sibanda on December 9, 2022. The CCTV footage revealed the young child lying face down in a tightly wrapped sleeping bag with a blanket covering his head while nursery worker Kimberley Cookson used her leg to restrain him.

During the distressing event, Cookson, 23, who had previously admitted to gross negligence manslaughter, restrained Noah by placing her leg across his body as he struggled. Despite his movements, she continued to tighten the sleeping bag around him until he stopped moving.

The court learned that the nursery had confessed to corporate manslaughter and a health and safety violation concerning Noah’s tragic passing. The establishment was fined £240,000 by Judge Justice Choudhury and instructed to pay £56,000 in costs.

Deborah Latewood, the nursery owner, acknowledged her oversight in allowing children to be put to sleep in hazardous conditions and received a suspended six-month prison sentence.

The court was informed that Noah was placed in a season three sleeping pod, a 130cm by 65cm sleeping bag unsuitable for indoor daytime use, which contributed to the dangerous sleeping environment at the nursery.

Noah’s parents selected the nursery based on its positive Ofsted rating and small business award but were unaware of the risky sleeping practices that led to their son’s tragic demise.

Both parents expressed profound grief and anguish over the loss of their son, highlighting the impact on their lives and the void left by Noah’s absence. Cookson, in a statement to the court, expressed deep remorse and hoped for forgiveness from Noah’s family.

Cookson’s representative emphasized her immediate acceptance of responsibility and pointed out systemic failures within the nursery that contributed to the tragic incident. Fairytales Ltd also extended sincere apologies to Noah’s family for the devastating outcome and acknowledged the breach of trust placed in their care.