Nursery admits causing death of toddler who suffocated while being restrained

The case represents "every parent’s worst nightmare whenever they leave their young child at a nursery," a senior prosecutor said.

The Source: Nursery admits causing death of toddler who suffocated while being restrained

Noah Sibanda was “unable to escape” and should have been safe in the care of professionals, a senior prosecutor said.

A nursery has admitted causing the death of a 14-month-old boy who was restrained by a staff member in “reckless and dangerous” sleeping practices which presented “obvious and serious risk of harm”, the Crown Prosecution Service (CPS) has said.

In a “deeply distressing” case the CPS described as every parent’s worst nightmare Noah Sibanda died after he was placed face down on a cushion in a tightly wrapped sleeping bag and a blanket over his head by nursery worker Kimberley Cookson who then placed her leg over him at at Fairytales Day Nursery in Bourne Street, Dudley, in December 2022.

When it was noticed “after a considerable duration” that the Noah was not breathing, emergency services were called but the toddler was pronounced dead in hospital.

Now, Fairytales Day Nursery Limited has admitted one count of corporate manslaughter and a Health and Safety at Work Act offence with Director and business owner Debbie Latewood, 55, also admitting a Health and Safety at Work Act offence on the basis that “she did not know children were being put down to sleep in this dangerous way, though should have known.”

Nursery worker Kimberley, 23, previously pleaded guilty to gross negligence manslaughter.

In a statement, Senior Specialist Prosecutor Alex Johnson highlighted that medical findings showed Noah was placed to sleep in a way that “severely restricted his ability to breathe and move” and that the 14-month-year-old was “unable to escape.”

The statement read: “This case has been deeply distressing and represents every parent’s worst nightmare whenever they leave their young child at a nursery.

“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.

“Fairytales Day Nursery Limited has now accepted criminal responsibility for the systemic failures that led to this tragedy, and Deborah Latewood has also acknowledged that the failings occurred under her management and oversight. Kimberley Cookson has also taken responsibility for her harmful actions.”

Fairytales Day Nursery is no longer in operation and both will be sentenced on 16 April.

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