A nursery owner is scheduled to face trial this spring following the tragic death of a 14-month-old boy at her facility in the West Midlands.
The Tragic Incident and Court Proceedings
Noah Sibanda died after an incident at Fairytales Day Nursery on Bourne Street in Dudley on the 9th of December 2022. The nursery has since closed its doors.
At a hearing at Wolverhampton Crown Court on Wednesday, 7th January, business owner Deborah Latewood, 54, appeared before Judge Michael Chambers KC. She spoke only to confirm her name during the brief hearing.
Latewood has pleaded not guilty to failing to comply with a duty under the Health and Safety at Work Act. The charge alleges she failed to ensure Noah and others were not exposed to risk between the 29th of November and the 9th of December 2022.
Corporate and Gross Negligence Charges
At a previous hearing in June last year, a plea of not guilty was entered on behalf of the company that operated the nursery to one count of corporate manslaughter.
The allegations against the firm include:
- A failure to ensure babies in the nursery's baby room were put down to sleep safely.
- A failure to ensure staff were adequately trained in safe sleep practices for infants.
- A failure to ensure staff were properly supervised while carrying out these duties.
The company also denied a separate charge of failing to comply with the Health and Safety at Work Act concerning the same period.
Trial Date Set and Previous Admission
Judge Chambers set the trial date for the 16th of April, with proceedings expected to last for three weeks. Addressing Latewood, the judge warned that the case could proceed in her absence if she chose not to attend and renewed her bail conditions.
In a related development, a former worker at the nursery has already admitted guilt. Kimberley Cookson, 23, pleaded guilty to one count of gross negligence manslaughter in connection with Noah's death during the hearing last June. Her sentencing has been deferred until the conclusion of the trial involving Latewood and the nursery company.
The upcoming trial will seek to determine the full extent of responsibility for the circumstances that led to the heartbreaking loss of young Noah Sibanda.
