Nursery worker jailed for toddler restraint death

Warning: This story contains details which some people may find distressing

Mother’s account

Noah Sibanda’s mother described the tragedy as her child being left “alone, scared and in pain” after being placed in a sleeping pod at Fairytales Day Nursery in Dudley, West Midlands, on 9 December 2022. She recounted the moment her son was handed over to caregivers who, she claimed, were responsible for his death.

“Knowing I handed him over to people who killed him”

Sentencing details

Kimberley Cookson, 23, a nursery worker, received a three-year-and-four-month prison sentence for gross negligence manslaughter. Deborah Latewood, 55, the nursery owner, was given a six-month suspended sentence for a health and safety offense, while the nursery was fined £240,000 for corporate manslaughter and a health and safety breach.

Incident description

CCTV footage from the now-closed Bourne Street site, shown during a two-day trial, depicted Noah “struggling and thrashing” inside a teepee in the baby room. He was face down on a soft cushion, and Cookson tightly wrapped him in blankets before placing her leg across his lower back for seven minutes. Believing he had fallen asleep, she left him unattended, with staff failing to physically check on him for nearly two hours. He was discovered unresponsive at 15:15 and died in hospital an hour later.

“what happened will haunt me for the rest of my life”

“cannot imagine the pain the family is going through”

Judge’s remarks

Justice Choudhury called the CCTV footage of the baby room “shocking,” but emphasized that Cookson was not a “rogue actor.” He noted that much of her actions aligned with accepted practices. “The risk of death in this case, in my judgment, was foreseeable,” the judge stated. “It’s only a matter of blind luck that one of the other nursery practitioners does not find themselves in the same position as Ms Cookson.” He concluded by commending Noah’s family for their “dignified manner” during the proceedings, acknowledging their “unimaginable loss.”

Unsafe practices

Prosecutors argued that sleeping pods—designed for outdoor camping—should never have been used in the nursery. These pods, they claimed, violated NHS sleep guidelines, could become overheated indoors, and featured a soft surface that might surround a baby’s head and face. Cookson told police she had learned to wrap and swaddle infants on the job but lacked formal training in safe sleep techniques.

“Noah Sibanda should have been safe in the care of professionals entrusted with his wellbeing”

Nursery’s admission

The nursery acknowledged a culture where some children were “not being treated with sufficient care,” with management failing to address the issue. In a letter to the judge, Deborah Latewood apologized to Noah’s family, calling him a “beautiful, happy, loveable child.” She expressed regret, saying, “I thought after 40 years in my trade I had made a difference. This was not the difference I wanted.”

Case significance

Det Insp Carla Thompson highlighted the pivotal role of CCTV footage, which revealed unsafe sleeping practices involving other children in the 28 days before Noah’s death. “It wasn’t an isolated incident,” she noted, explaining that “other children were being wrapped the same way, placed face down, and had blankets put over their heads.” Alex Johnson, a senior specialist prosecutor from the CPS, called the case “every parent’s worst nightmare,” underscoring the “reckless and dangerous” methods that “posed an obvious and serious risk of harm.”

Ofsted confirmed their support for the family, stating that their “thoughts remain with Noah’s family” as they process the tragedy. The incident has sparked debate about the safety standards in early childhood care and the need for stricter protocols to prevent similar occurrences.