Noah Sibanda Death Leads To Massive Fine For UK Nursery
A UK nursery has been fined R5.6 million after the deadly childcare incident involving 14-month-old Noah Sibanda, who died following a restraint while being put to sleep at a facility in Dudley, West Midlands.
The case, concluded at Wolverhampton Crown Court on 17 April 2026, exposed serious safety failures at Fairytales Day Nursery, where staff used unsafe sleeping practices that prosecutors said posed a clear risk to children.
CCTV Footage Shows Final Moments Before Toddler’s Death
The court heard that on 9 December 2022, nursery worker Kimberley Cookson, 23, placed Noah face down on a cushion inside a sleeping area and restrained him using her leg for about seven minutes.
CCTV footage played in court showed the toddler struggling while being held down.
Judge Justice Choudhury said:
“The CCTV footage of the baby room was shocking. The risk of death in this case, in my judgement, was foreseeable.”
Believing the child had fallen asleep, Cookson left him unattended. Staff did not physically check on him for approximately two hours.
Noah was later found unresponsive at around 15:15 and was pronounced dead in hospital about an hour later.
Cookson was sentenced to three years and four months in prison after admitting gross negligence manslaughter.
The judge added:
“It is only a matter of blind luck that one of the other nursery practitioners did not find themselves in the same position.”
Family Speaks Out As Court Hears Of “Reckless” Practices
In a statement read to the court, Noah’s mother, Masi Sibanda, described the loss in emotional terms:
“He died alone, scared and in pain.”
She added:
“I handed Noah over to the people who killed him. Because of this I cannot forgive myself.”
Noah’s father, Thulani Sibanda, also addressed the court:
“My son died at just 14 months old because of the gross negligence of someone who was trusted to care for him. Noah deserved to live.”
Prosecutors told the court that Noah had been tightly wrapped, placed face down, and positioned in a way that restricted his breathing.
John Elvidge, prosecuting, said:
“This posed risks of overheating and exhaustion. Kimberley Cookson’s negligence was gross. That means it was truly exceptionally bad.”
In mitigation, Cookson’s defence said:
“Her motivation that day was to try and put Noah to sleep. She did not intend to cause him any harm.”
Cookson later told the court:
“What happened will haunt me for the rest of my life.”
Nursery Fined Millions As Unsafe Practices Exposed
Fairytales Day Nursery was fined £240,000 (approximately R5,640,000) after admitting corporate manslaughter and breaching health and safety regulations. The nursery has since closed.
Owner Deborah Latewood, 55, received a six-month prison sentence, suspended for two years, after admitting a health and safety offence.
The court heard that “sleeping pods” used at the nursery did not meet NHS safety guidance and could increase the risk of overheating or restrict a child’s breathing.
Detective Inspector Carla Thompson said the unsafe practices were not isolated:
“It wasn’t an isolated incident. Other children were being wrapped the same way, placed face down and having blankets put over their heads.”
A prosecutor described the case as:
“Every parent’s worst nightmare.”
Judge Choudhury concluded:
“No term of imprisonment or punishment could ever seem enough for what has happened.”