Nursery worker jailed for toddler restraint death

A nursery, its boss and a worker have been sentenced over the death of a 14-month-old boy who was subjected to "excessive" force as staff tried to make him sleep.

The mother of Noah Sibanda said her child died "alone, scared and in pain" after being put in a sleeping pod at Fairytales Day Nursery in Dudley, West Midlands, on 9 December 2022.

Nursery worker Kimberley Cookson, 23, was sentenced to three years and four months in prison for gross negligence manslaughter.

Nursery owner Deborah Latewood, 55, was handed a suspended sentence of six months in prison for a health and safety offence, while the nursery was fined £240,000 for corporate manslaughter and a health and safety offence.

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

During a two-day sentencing, CCTV played to the court showed Noah "struggling and thrashing" at the now-closed Bourne Street site.

At the time, he was face down on a soft cushion inside a teepee in the nursery's baby room.

Cookson wrapped the toddler tightly in blankets and placed her leg across his lower back for seven minutes, Wolverhampton Crown Court heard.

Believing he had fallen asleep, the nursery worker then left him alone, but staff did not physically check on him for about two hours.

He was found unresponsive at about 15:15 and pronounced dead in hospital an hour later.

Noah's mother Masi Sibanda told Wolverhampton Crown Court she felt guilty "knowing I handed him over to people who killed him".

Passing sentence, Judge Justice Choudhury said CCTV of a baby room was "shocking" but said Cookson was not a "rogue actor".

"In fact, much of what she did was accepted practice," he said.

"The risk of death in this case, in my judgement, was foreseeable.

"It's only a matter of blind luck that one of the other nursery practitioners [do not] find themselves in the same position as Ms Cookson."

The judge concluded his remarks by praising Noah's family for "the dignified manner in which you have sat through these difficult proceedings".

"Your loss is unimaginable," he told them.

"As I have already said, no term of imprisonment or punishment could ever seem enough for what has happened."

On Thursday, the court heard so-called sleeping pods - sleeping bags designed for outdoor camping - should never have been introduced at the nursery.

This, prosecutors said, was because they did not comply with NHS sleep guidance, could be too hot indoors and had a soft surface that could surround a baby's head and face.

Cookson told police she had learnt how to wrap and swaddle babies on the job but had no formal training in how to put children down to sleep.

In a statement read to the court, she described how "what happened will haunt me for the rest of my life".

"I cannot imagine the pain the family is going through," the defendant said. "I only hope that one day they hold it in their hearts to forgive me."

The nursery, meanwhile, accepted that a culture had developed where some children "were not being treated with sufficient care", with management failing to challenge such actions.

In a letter to the judge, nursery manager Deborah Latewood apologised to Noah's family and described him as a "beautiful, happy, loveable child".

"I will always send love and wishes to the family of Noah and can never be sorry enough," she said.

"I thought after 40 years in my trade I had made a difference. This was not the difference I wanted."

Det Insp Carla Thompson, who oversaw the case, said CCTV footage was pivotal and showed unsafe sleeping practices involving other children in the 28 days leading up to Noah's death.

"It wasn't an isolated incident and that's obviously why Deborah Latewood is being held responsible," the officer said.

"From the CCTV footage that we've watched, other children were being wrapped the same way, being placed face down and having blankets put over their heads."

Alex Johnson, senior specialist prosecutor at the CPS, added that the case represented "every parent's worst nightmare".

"Noah Sibanda should have been safe in the care of professionals entrusted with his wellbeing," he said.

"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."

An Ofsted spokesperson added: "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.

"As the regulator and inspector of nurseries, we check that they are complying with the requirements set by government and we take action when concerns are raised.

"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."

If any of the content from this case has affected you, please visit the BBC Action Line.

Follow BBC Birmingham on BBC Sounds, Facebook, X and Instagram.