Summary

  • Warning: This page contains distressing content

  • Nursery worker Kimberley Cookson has been sentenced to three years and four months in prison over the death of a 14-month-old boy in her care

  • Noah Sibanda died in December 2022 after being restrained while being put down to sleep at the now-closed Fairytales Day Nursery in Dudley

  • Fairytales Day Nursery is fined £240,000 over Noah's death, while owner Deborah Latewood is given a suspended sentence

  • Judge Justice Choudhury says the CCTV of the baby room shown in court was "shocking"

  • He addresses Noah's family, saying their loss is unimaginable and "no punishment could ever seem enough for what has happened"

  1. Nursery worker jailed for death of 14-month-old Noah Sibandapublished at 16:30 BST

    Here is what happened in court today:

    • Nursery worker Kimberley Cookson, 23, has been sentenced to three years and four months in prison for gross negligence manslaughter
    • Fairytales Day Nursery has been fined £240,000 and must pay £56,000 in legal costs. It admitted to corporate manslaughter and failing to comply with a duty under the Health and Safety at Work Act 1974
    • Deborah Latewood, 55, owner of the nursery has been given a six-month sentence, suspended for two years, for failing to comply with general duties under the Health and Safety at Work Act 1974
    • Judge Choudhury commended 14-month-old Noah Sibanda's 'dignified' family, saying that their loss is unimaginable
    • He said that the risk of death was "foreseeable" and it was a matter of "blind luck" that other nursery practitioners did not find themselves in the same position as Cookson

    We are now ending our live coverage of the sentencing hearing.

    We have a full round-up of the sentencing, and you can also read Noah's mum description of her nightmare after her son died during nursery naptime.

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

  2. No remorse from worker or nursery boss, says detectivepublished at 16:26 BST

    A mug shot of Kimberley Cookson who has strawberry blonde hairImage source, West Midlands Police

    “Kimberley Cookson (pictured, above) was arrested for gross negligence manslaughter after we'd viewed the CCTV footage," said Det Insp Carla Thompson.

    "She didn't show any remorse in her interview, she just said that it was a sudden unexpected death of a child.

    “Deborah Latewood (pictured below), the owner of Fairytales Day Nursery was arrested because of the unsafe sleep practices that we'd seen on the CCTV footage.

    "Again, no remorse; she said that she wasn't aware of those sleep practices that were going on, and what she'd seen on the CCTV."

    A mug shot of Deborah Lakewood. She has short pink hairImage source, West Midlands Police
  3. This is not about education, says Noah's mumpublished at 16:18 BST

    A small teepee style tent for young children. It has white fabric on the outside and a red cushion on the inside with a brown teddy beat in there. There are fairy lights and tinsel wrapped around the outside.Image source, West Midlands Police
    Image caption,

    Noah was put down to sleep in a tepee style tent in the nursery

    CCTV footage that the hearing saw showed Kimberley Cookson attempting to put Noah down to sleep at the nursery.

    "From what we could see and what we're being explained is that Noah was struggling," his mum, Masi, said.

    "He wasn't sleeping, didn't want to sleep. And in response to that, she wraps him, I guess, tighter.

    "I think she puts a blanket on his head again. And then...he's just, I guess he's passing away, he's dying there."

    She told the BBC that she did not want to say that nurseries were not safe, because it would "instill fear in people".

    "From obviously my experience, [this] nursery was not a safe or good choice. Not at all," she said.

    Masi Sibanda added that, for her, the case was not about education or safe sleeping.

    "It’s about the fact that there are people in these nurseries that seem to be so fixated on trying to get children to be quiet and to sleep," she said.

    "It's dangerous, it’s reckless, it’s malicious, it’s just mean."

  4. 'I wish I had more time with him' - Noah's motherpublished at 16:08 BST

    Media caption,

    We watched him die on CCTV, Noah Sibanda's mum says

    We can hear now from Noah's mum, Masi Sibanda, who has said that thinking of fond memories with her son was "really nice" but bittersweet.

    "I just wish I had more time with him," she said.

    She told the BBC that when she found out about her 14-month-old son's death, she told herself it was a dream.

    "When I did manage to touch and hold Noah, his body was so cold, I've never felt him so cold - because if you do feel your child cold, of course you warm them up," she said.

    "So that's what I was attempting to do, trying to rub his hands.

    "The staff around could see we were trying to warm him up, and they asked if we wanted a blanket, which we took to try and warm him up, his body was stiff."

    Noah is six months old in the picture, and is wearing a white babygro and holding a card that is purple and white, and says "Today I am six months old". He is sitting against a grey sofa, and has tufts of black hair. He is smiling at the cameraImage source, West Midlands Police
  5. Sentencing comes to a closepublished at 15:58 BST

    Sentencing has now concluded at Wolverhampton Crown Court but we will have more reaction to this case to come including from Noah Sibanda's mother.

  6. Judge praises Noah's 'dignified' familypublished at 15:57 BST

    The judge ends his sentencing remarks by addressing Noah’s family.

    “May I take this opportunity to express my sincere condolences to Noah’s family for their loss,” he says.

    “Your loss is unimaginable. I pay tribute to the dignified manner in which you have sat through these difficult proceedings.

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

    He concludes by commending the work done by the Crown Prosecution Service and West Midlands Police.

    “It must have taken many hours to prepare and often been very distressing,” he says.

    “This has been of enormous help to the court in understanding what happened and when.”

    As the court rises, nursery owner Deborah Latewood started crying heavily as she left the courtroom.

  7. Nursery owner given suspended sentencepublished at 15:49 BST
    Breaking

    The owner of Fairytales Day Nursery, Deborah Latewood, has been sentenced to six months in prison, suspended for two years.

  8. Latewood's neglect meant high risk of death - judgepublished at 15:48 BST

    As with Cookson and the nursery, Choudhury is now going through the sentencing guidelines and the details of Latewood’s offending. Remember, she has pleaded guilty to a health and safety offence.

    Choudhury says the likely risk of her reoffending is low and a pre-sentence report notes she would struggle with custody due to her mental health and also being unable to look after her elderly mother.

    He says multiple testimonials have spoken of her dedication to children but it was clear her management of the nursery had put children at risk.

    “It is not possible to say that there was anything substantially different about [Cookson’s] conduct when compared with other nursery practitioners and even the baby room manager,” he says.

    “The conduct that occurred as a result of Ms Latewood’s neglect became commonplace [and] meant there was a high likelihood of death.”

  9. Judge begins sentencing nursery ownerpublished at 15:43 BST

    Deborah's mugshot shows her with short faded pink hairImage source, West Midlands Police

    Deborah Latewood, owner of Fairytales Day Nursery, is to be sentenced next.

    Addressing her directly, Choudhury says her initial reaction to CCTV footage was "not one of shock but of puzzlement" as to why the rough handling of 14-month-old Noah was deemed to be so bad.

    He says this was "telling", and there was a culture of acceptance at the nursery that such sleep practices were OK.

    Although, Choudhury says, Latewood was not aware of the full extent of what was going on in the baby room and he adds that he believes her remorse to be genuine.

  10. Nursery told to pay £56k in costs as wellpublished at 15:41 BST

    In deciding the amount to fine, Choudhury says the company was a micro-organisation with a turnover well under £2m.

    The company has stopped trading and its current turnover is nothing.

    Mitigating features include no previous criminal record and a good safety record, as seen through previous Ofsted reports, he adds.

    The firm will also have to pay £56,000 in legal costs.

    This will be paid through magistrates' court, must be paid within 28 days and there will be no compensation order, he adds.

  11. Nursery fined £240,000 for Noah's deathpublished at 15:37 BST
    Breaking

    Choudhury fines Fairytales Day Nursery Ltd £240,000.

  12. Cookson 'not a rogue actor' says judgepublished at 15:33 BST

    Choudhury is now going through the sentencing guidelines for the nursery.

    “This is not a case where Ms Cookson was a rogue actor,” he tells the court.

    “In fact, much of what she did was accepted practice in the baby room.”

    He says a fundamental task of any nursery is to put babies to sleep and do so safely, and this should be at the forefront of any manager’s mind.

    “The risk of death in this case, in my judgement, was foreseeable and 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 adds.

  13. Sentencing of Fairytales Day Nursery Ltd beginspublished at 15:29 BST

    We are now moving on to the nursery.

    Choudhury says that corporations are often punished in monetary terms.

    “Talking about pounds and pence when a child has died may seem insensitive in the extreme,” he says.

    “There is just no other way for a court to impose punishment on an entity.”

  14. Nursery worker jailed for three years and four monthspublished at 15:27 BST
    Breaking

    Nursery worker Kimberley Cookson has been sentenced to three years and four months in prison for the gross negligence manslaughter of 14-month-old Noah Sibanda.

    Up to two-fifths or 40% will be served in custody and the remainder on licence, she is told.

  15. Judge addresses nursery worker Kimberley Cooksonpublished at 15:26 BST

    Choudhury is addressing Kimberley Cookson before he hands down her sentence.

    He says it is clear that she is remorseful for what happened.

    "In my judgement Noah's suffering may not have been obvious to you, but it ought to have been," he tells her.

    He adds proper checks on Noah would have quickly made it clear that the 14-month-old was in distress.

  16. Staff 'absolutely unacceptable'published at 15:23 BST

    Noah was "totally smothered" with no part of him being visible, Choudhury explains, and Cookson sought help after picking up the 14-month-old's limp body.

    Emergency services arrived within minutes but they could not save him and he was pronounced dead at 16:15 that day.

    "The pathology evidence concluded that a combination of factors may have resulted in Noah’s sudden death including physical restraint," the judge says.

    "Noah's death was reported to Ofsted and a decision was made to suspend the nursery on the 14th of December 2022."

    Upon reviewing the footage, the judge continues, an Ofsted officer did not consider that any staff had followed relevant guidance on safe sleep and described their actions as “absolutely unacceptable".

    "Nothing I can do or say today can relieve the pain or grief of losing Noah," Choudhury says.

    He calls the actions on the day of Noah's death "horrendous acts" and "no term of years can begin to compensate for their loss".

  17. 'Distressing to watch' says judgepublished at 15:19 BST

    Choudhury says Kimberley Cookson left Noah in a position where he was wrapped up for almost an hour, where he slipped off the cushion on to the floor.

    The judge says this was seen by a colleague but nothing was done to help.

    "You took a blanket from another child and put it over Noah’s head before walking away,” he says.

    "The level of disregard for this vulnerable little child's welfare is distressing to watch but it gets much much worse."

    Choudhury adds Cookson then caused Noah to spin by tugging on his blanket before lifting him roughly by his arms and putting him on a seat.

    “Noah understandably appears to be upset,” he says.

  18. 'Noah was not ready to go back to sleep'published at 15:16 BST

    Mugshot of Kimberley Cookson with ginger hairImage source, West Midlands Police

    Choudhury says nursery worker Kimberley Cookson applied the same dangerous sleep techniques to other children, each time covering their heads or faces.

    "It's obvious that Noah is not ready to go back to sleep, and yet you persisted in trying to do so," he says.

    He says Cookson placed him head first, face down inside a teepee, while patting his back in a "forceful" and "rapid" manner.

    Noah struggles, and Cookson places her knee on him.

    "Only then do you move your leg off Noah," he tells the court.

    "Noah was likely to be already near to unconsciousness."

  19. CCTV images 'shocking', judge sayspublished at 15:14 BST

    Warning: This post contains distressing content

    Choudhury says CCTV of the baby room that was shown to the court could only be described as "shocking".

    "There were repeated incidents of rough handling by several practitioners, often in view of a manager," he says.

    He tells the court that babies were repeatedly tightly swaddled, laid on their fronts on soft surfaces and their heads or bodies covered by blankets or cloths.

    "This was not challenged and there was no intervention by managers," he adds, saying dangerous sleeping practices went unchecked.

    Media caption,

    Noah Sibanda died in December 2022 following the incident at nursery in Dudley.

  20. Nursery rated as 'good' at the time of Noah's deathpublished at 15:10 BST

    Making his sentencing remarks, Choudhury is talking about Fairytales Day Nursery Ltd and its site on Bourne Street in Dudley where Noah died.

    “Whilst Ms Lakewood was clearly the senior management figure at the company, by December 2022 she was only an occasional visitor,” he said, as she was instead spending most of her time at the company’s other premises.

    “The nursery had a good reputation. It had been rated by Ofsted as outstanding in 2020. It had last been inspected by Ofsted in early 2022 and it was rated as good," the judge says.

    “On that occasion the arrangements for safeguarding were reported to be effective.

    “However the sleeping practice at the nursery was not specifically [mentioned] in that report.”