A 14-month-old boy died after being restrained in a sleeping bag and left face down in an indoor tepee at a nursery with "exceptionally dangerous sleeping practices," a court has heard. Noah Sibanda went unchecked by staff for over two hours at the now-closed Fairytales Day Nursery in Dudley, West Midlands.
Wolverhampton Crown Court was told the nursery, located on Bourne Street, has admitted corporate manslaughter in connection with the infant's death. Additionally, nursery worker Kimberley Cookson has pleaded guilty to gross negligence manslaughter.
During a sentencing hearing on Thursday, junior prosecution counsel Daniel Cordey read victim impact statements to the court.
In the statements, Noah’s mother Masi described his birth as “a prayer answered” and spoke of how he had brought a calmness to her life.
Describing how she had left Noah in the care of staff she thought would look after him, she said: “I handed Noah over to the people who killed him.
“Because of this I cannot forgive myself and consequently will never forgive the defendants.”
She added of the nursery: “Behind closed doors they were playing Russian roulette with our children’s lives.”
In a separate statement, Noah’s father Thulani said: “My son died at just 14-months-old because of the gross negligence of someone who was trusted to care for him.
“When a child is taken from this world the loss is immeasurable. Noah’s absence is felt in every corner of our lives.
“Noah deserved to live. He deserved to be protected and we deserved to watch him grow up.”
Opening the facts of the case, prosecutor John Elvidge KC said Cookson, then 20 and now aged 23, was recorded by CCTV cameras as she tightly wrapped Noah in a sleeping bag.
Further footage captured her placing a blanket over the toddler’s head before moving her left leg over him, in what is said to have been an effort to restrict his movement, for around seven minutes.
The court was told Noah was pronounced dead in hospital around an hour after being found unresponsive on the afternoon of December 9 2022.
Mr Elvidge said that covering children’s heads to get them to sleep was a habitual practice in the baby room at the nursery, while Noah was described as a “very good child” with a gentle manner who was beginning to walk and speak.
The prosecutor said of comments made in interview by Cookson: “She thought it was fine to cover faces.
“She couldn’t explain why she had behaved so harshly to Noah that day.”
Exceptionally dangerous sleeping routines for infants at the nursery posed risks of overheating and exhaustion, the court heard.
Mr Elvidge added: “Kimberley Cookson’s negligence was gross. That means it was truly exceptionally bad.”
Nursery owner Deborah Latewood, aged 55, is also facing sentence.
Latewood, of Himley Avenue, Dudley, has admitted a Health and Safety at Work Act offence on the basis that she did not know children were being put down to sleep in a dangerous way, but should have known.
Both Cookson, of The Broadway, Dudley, and Latewood became visibly upset in the glass-fronted dock as Mr Elvidge addressed the court, and as excerpts of the CCTV in the case were played to sentencing judge Mr Justice Choudhury.
The hearing continues.
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