A nursery has admitted corporate manslaughter over the death of a baby who suffocated to death while staff tried to put him to sleep.
Noah Sibanda, who was 14 months old, died at Fairytales Day Nursery in Bourne Street, Dudley in December 2022.
The events leading up to his death, which were captured on the nursery’s CCTV, revealed that he was placed face down on a pillow, tightly wrapped in a sleeping bag.
A blanket was placed over his head, and he was put to sleep by nursery worker Kimberley Cookson with one leg placed over him.
She restrained him with her foot for some time, in what appeared to be an attempt to “put him to sleep when he didn’t want to.”
It was then noticed that he was not breathing, and emergency services were called. Noah was declared dead at the hospital.
The private nursery, which is no longer in operation, pleaded guilty to corporate manslaughter and offenses against the Health and Safety at Work Act wolverhampton Crown Court on Wednesday.
Owner and director Deborah Lettwood, 55, admitted she had no idea children were being put to sleep in such a dangerous way, but she should have pleaded guilty to a Health and Safety at Work Act offence.
Cookson, 23, had earlier admitted in the same court to gross negligence in how he put Noah to sleep.
Senior specialist prosecutor Alex Johnson of the CPS’s Special Crimes Division called the case “deeply disturbing”, saying it “represents every parent’s worst nightmare when they drop their young child off at nursery”.
Mr Johnson said Noah “should have remained safe in the care of professionals entrusted with his well-being”.
“She lost her life as a result of sleeping in a careless and dangerous manner, which posed a clear and serious risk of harm,” Mr Johnson said.
“The evidence in this case, including CCTV footage and expert medical findings, showed that Noah was sedated in a way that severely limited his ability to breathe and move.”
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“These practices created a suffocating environment from which a young child was clearly unable to escape,” Mr Johnson said.
He added: “Fairytales Day Nursery Ltd has now accepted criminal responsibility for the systemic failings that led to this tragedy, and Deborah Lettwood has also admitted that the failings occurred under her management and oversight.
“Kimberly Cookson has also taken responsibility for her harmful actions.
“Nursery providers have a fundamental duty to protect the children in their care. This case underlines the devastating consequences of a breach of that duty. Our thoughts are with Noah’s family, who have suffered an unimaginable loss.”
Latewood and the nursery were expected to face trial in April, but new petitions were filed. The defendants will be sentenced on April 16.
