CPS authorises manslaughter charges following nursery death of toddler Noah Sibanda
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.
“Noah Sibanda died following an incident at Fairytales Day Nursery in Bourne Street, Dudley on 9 December 2022.
“Kimberley Cookson, 22, who was a nursery practitioner, has been charged with one count of gross negligence manslaughter.
“Fairytales Nursery Limited has been charged with one count of corporate manslaughter and failing to comply with a duty under the Health and Safety at Work Act.
“Deborah Latewood, 54, who was the director and business owner, has been charged with one count of failing to comply with general duties under the Health and Safety at Work Act.
“Our thoughts remain with the family of Noah Sibanda at this time.
“The Crown Prosecution Service reminds all concerned that criminal proceedings against these defendants are active and that they have the right to a fair trial.
“It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”
The defendants will appear at Dudley Magistrates’ Court on Tuesday, 13 May.
Notes to editors
- Kimberley Cookson (DOB: 08/12/2002) is from Dudley. She has been charged with gross negligence manslaughter contrary to common law.
- Fairytales Nursery Limited has been charged with corporate manslaughter contrary to section 1 Corporate Manslaughter and Corporate Homicide Act 2007 (‘CMCHA’) and failing to comply with a duty under section 3(1) Health and Safety at Work Act 1974.
- Deborah Latewood (DOB: 25/02/1971) is from Dudley. She has been charged with failing to comply with general duties under the Health and Safety at Work Act 1974 (‘HSWA’) – section 37 HSWA.
- Fairytales Nursery is no longer in operation.
- It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make fair, independent, and objective assessments about whether it is appropriate to present charges for the criminal court to consider.
- The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.
- The CPS Special Crime Division deals with some of the most complex and sensitive cases in England and Wales including disasters, serious criminal allegations against police officers, corporate manslaughter and election offences.