Nursery Worker Sentenced for Toddler's Tragic Suffocation Death
A nursery worker has been jailed for three years and four months after a 14-month-old toddler suffocated to death while she attempted to get him to sleep in what prosecutors described as an exceptionally dangerous position. Kimberley Cookson, 23, cried in court as she was sentenced for the gross negligence manslaughter of Noah Sibanda, who died at Fairytales Day Nursery in Bourne Street, Dudley, on December 9, 2022.
Disturbing CCTV Footage Revealed in Court
Wolverhampton Crown Court heard harrowing details of the incident, supported by CCTV footage that showed Noah lying face down in a tightly wrapped sleeping bag with a blanket over his head. Prosecutor John Elvidge stated that Cookson restrained the toddler with her leg, placing her left leg across his body to restrict his movement after he was seen thrashing around.
The footage revealed that Noah continued to struggle as Cookson patted his back. At 13:08pm, the toddler made occasional movement, but Cookson pushed the sleeping bag tighter around him. By 13:10pm, he was no longer moving. Cookson removed her knee after approximately seven minutes, apparently indicating to a colleague that she believed Noah was asleep.
Exceptionally Dangerous Sleeping Environment
The court was told that the blue sleeping bag Noah was placed in was a season three sleeping pod measuring 130cm by 65cm. Designed for camping outdoors in cooler weather, it was completely unsuitable for indoor use during daytime hours. A three-season sleeping bag is designed for camping outdoors in cooler weather, and would be too hot indoors during the day time, the prosecutor emphasized.
Mr Elvidge described the sleeping environment as exceptionally dangerous, noting that Noah would have become exhausted and overheated while struggling to breathe. Staff later realized he was no longer breathing and began attempting CPR as Cookson burst into tears. Tragically, Noah was declared dead in hospital.
Nursery and Owner Also Admit Failures
The private nursery, which is no longer operating, previously admitted to corporate manslaughter and a health and safety offence over Noah's death. Nursery owner Deborah Latewood, 55, admitted she should have known children were being put to sleep in a dangerous position.
Cookson, who turned 20 the day before Noah's death and began working at the nursery as an apprentice at 16, told police she learned how to wrap and swaddle babies on the job. However, she could not explain why she behaved so harshly towards Noah on the day of his death and did not know why she had not checked on him.
In her police interviews, Cookson stated she thought it was fine to cover children's faces as long as airflow was not restricted. During her third interview, she answered no comment to many questions.
Parents' Heartbreaking Victim Impact Statements
Noah's parents, Masi and Thulani Sibanda, chose the nursery for its good Ofsted rating and because it had won a small business of the year award. During a visit, staff told them they would rock children to sleep. Masi Sibanda assumed children were well trained and relaxed to the sleeping routine due to the absence of cots at the nursery.
In a victim impact statement read to the court, Ms Sibanda described Noah as beautiful to behold and said he made things so easy for me as a first-time mother. She added: Behind closed doors, they were playing Russian Roulette with our children.
Ms Sibanda expressed her naive trust in the nursery and said she will forever feel guilty. Since his death, there has not been a single day I haven't regretted being alive when he is not, she told the court. My guilt comes from knowing I handed him over to people who killed him.
She questioned why Cookson hated our son so much, adding: from what I've seen she simply does not care, she treated him worse than an animal. They are the reason he died... my child died alone, scared and in pain.
Noah's father, Thulani Sibanda, said his mental health has been profoundly affected by his son's death. I imagine the life he should've had, the milestones he should've reached, the person he should've grown into, he said. Noah's absence is felt in every corner of our lives. We will never see him grow, never hear his voice change, never see him start school.
Mr Sibanda concluded: Noah deserved to live, he deserved to be protected and we deserved to watch him grow up.
Cookson's Statement and Mitigation
In a statement put to the court, Kimberley Cookson said: I never set out to harm anyone. She added that she can only hope that one day Noah's family hold it in their hearts to forgive me.
What happened will haunt me for the rest of my life, Cookson stated. I used to describe myself as outgoing, but since that horrible day I've lost who I am. I should have done better. The 23-year-old accepted that she deserves to be punished.
Mitigating, Cookson's representative Rashad Mohammed said she had immediately accepted responsibility for what she had done, and that there were failures in the nursery at a higher level, with practices that were unsuitable and quite simply dangerous. He described it as a toxic place to work at times.
Mohammed argued that Cookson did not put the blanket over Noah's head with malice, but to try and help him to sleep. He noted that Fairytales Day Nursery accepted it had failed to train and supervise staff adequately, which should be taken into account.
Nursery Company Expresses Remorse
Dominic Kay KC, representing Fairytales Ltd, said the company wishes to publicly record its sincere remorse to Noah's family. Noah's parents, as we know and can imagine, trusted their child to Fairytales, and this should never have happened, he told the court. Nothing I say on behalf of the company can begin to address the grief and the sorrow felt by Noah's family. The owners of Fairytales are truly deeply sorry for what happened.
