Kimberley Cookson, 22, faces jail after pleading guilty to manslaughter of ‘beautiful’ Noah Sibanda at scandal-hit nursery
A 22-year-old nursery worker has admitted manslaughter after a 14-month-old baby died in her care at a scandal-plagued nursery that has since been shut down.
Kimberley Cookson pleaded guilty to one count of gross negligence manslaughter following the death of Noah Sibanda, who died after an incident at Dudley’s Fairytales Day Nursery on December 9, 2022.
The youngster, who had not yet learned how to properly walk, was rushed to hospital but all attempts to save him were futile, leaving his devastated family to mourn their “handsome, beautiful, cute boy.”
His mother Masi Sibanda, 31, described him as a ‘handsome, beautiful, cute boy’ who was very ‘lovable’ and always smiling in a heartbreaking tribute to her only child.
MOTHER’S AGONY
In an emotional tribute that laid bare a mother’s grief, Masi Sibanda painted a picture of a perfect baby boy whose life was cut tragically short.
“I know parents are biased, but he was so beautiful,” she said, her words heavy with loss.
“He was calm, very relaxed and quite chilled and unfazed by things. We would find him just chilling with his arm behind his head. He was very easy-going and he made it easy as a first-time parent.”
The devastated parents added in a statement: “Noah was a beautiful, happy and easy-going little boy and we miss him very much.”
COURTROOM DRAMA
Cookson, who wore a green shirt, appeared at Wolverhampton Crown Court on Tuesday where she spoke only to confirm her date of birth before entering her guilty plea.
The courtroom was packed with members of Noah’s family and supporters of the defendants as the young woman admitted her role in the toddler’s death.
Deborah Latewood, 54, who was the director and business owner, appeared alongside Cookson in the dock wearing a white shirt and grey blazer.
She pleaded not guilty to failing to comply with a duty under the Health and Safety at Work Act to ensure that Noah and others were not exposed to risk between November 29 and December 9, 2022.
SLEEPING SAFETY FAILURES
Shocking details emerged in court about alleged failures at the nursery relating to how babies were put to sleep.
A plea of not guilty was entered on behalf of the firm which ran the now-closed nursery, based in Bourne Street, to one count of corporate manslaughter, including an alleged failure to ensure that children in the baby room were put down to sleep in a safe way.
The charges also include allegations that the nursery failed to ensure staff were adequately trained to put babies down to sleep and failed to ensure staff were adequately supervised while doing so.
TWO-YEAR INVESTIGATION
The guilty plea comes after a grueling two-year investigation by West Midlands Police, who worked closely with the Crown Prosecution Service, Ofsted and other agencies.
Six women were initially arrested in connection with the investigation in the weeks after Noah’s death, but four will face no further action.
The nursery was immediately closed by Ofsted in December 2022 after the watchdog said “children may be at risk of harm” and suspended its registration.
JUSTICE DELAYED
Judge Michael Chambers KC told the court that Latewood and the company would face trial, but warned it would likely not take place until 2026.
Cookson will be sentenced upon conclusion of the trial, which is expected to last three weeks.
Both Cookson and Latewood were released on unconditional bail until the next hearing, despite the severity of the charges.
CROWN PROSECUTION SPEAKS
Malcolm McHaffie, Head of the Crown Prosecution Service’s Special Division, said: “Following a review of the evidence provided by West Midlands Police, we have authorised criminal charges in relation to the death of a 14-month-old child at a nursery in Dudley.
He added: “Our thoughts remain with the family of Noah Sibanda at this time.”
The CPS reminded all concerned that criminal proceedings against the defendants are active and that they have the right to a fair trial.
NURSERY’S DARK PAST
Fairytales Day Nursery in Bourne Street, Dudley, had been operating before the tragic incident that led to its closure.
The nursery is no longer in operation and was shut down immediately after Noah’s death when Ofsted suspended its registration citing safety concerns.
The building now stands empty, a grim reminder of the tragedy that unfolded within its walls.
CORPORATE CHARGES
Fairytales Nursery Limited faces serious corporate charges including:
- One count of corporate manslaughter
- Failing to comply with a duty under the Health and Safety at Work Act
- Alleged failure to ensure children in the baby room were put down to sleep safely
- Failure to ensure staff were adequately trained
- Failure to ensure adequate supervision
The company pleaded not guilty to all charges.
FAMILY’S LONG WAIT
For Noah’s family, the wait for justice has been agonizing, with the trial not expected until 2026 – more than three years after their baby boy’s death.
The packed courtroom showed the level of support for the grieving family, who have had to endure a lengthy investigation and legal process while mourning their loss.
Noah would have been four years old by the time the trial concludes, had he lived.
WARNING TO PARENTS
The case has sent shockwaves through the childcare sector and serves as a stark warning to parents about the importance of nursery safety standards.
Questions remain about how such failures could have occurred at a registered nursery and what oversight was in place.
The tragedy highlights the ultimate trust parents place in childcare providers when they leave their precious children in their care.
As one nursery worker now faces jail for manslaughter and serious questions hang over the nursery’s management, Noah’s family are left with only memories of their beautiful boy who never got the chance to take his first proper steps.
