A nursery worker and Fairytales Day Nursery have been found guilty of manslaughter following the death of 14-month-old Noah Sibanda, after a trial at Wolverhampton Crown Court on 16–17 April 2026.

Switalskis represents Noah’s family and is sharing this statement on their behalf following the conclusion of the criminal proceedings.

Noah tragically died while in the care of Fairytales Day Nursery in Dudley. His family have been supported by Switalskis’ serious injury team throughout the investigation and court process.

Court outcome

At Wolverhampton Crown Court, nursery worker Kimberley Cookson was found guilty of gross negligence manslaughter. Fairytales Day Nursery was also found guilty of corporate manslaughter and of failing to comply with a duty under the Health and Safety at Work Act.

Statement from the family’s solicitor

John McQuater , APIL Senior Fellow and accredited fatal accidents solicitor at Switalskis, who represents Noah’s family, said:

“Our heartfelt condolences remain with Noah’s family, and with everyone who loved him.

“Today’s sentencing brings the criminal proceedings to a close. Those responsible have been held to account, and we hope that the court’s judgement gives Noah’s family some sense of acknowledgement, that what happened to their son was wrong and that his short life mattered deeply.

“We cannot comment further on the family’s behalf at this time, and we ask that their privacy is respected as they begin to process today’s outcome. We will continue to stand beside them.

“This case highlights just how vital it is that nurseries and childcare settings have robust health and safety policies in place - policies that are actively embedded in training, in supervision and in the everyday culture of care. The children in these settings are entirely dependent on the adults around them.

“Noah was just 14 months old. He deserved to be safe. Every child does.”

Ongoing support for Noah’s family

Switalskis has supported Noah’s family throughout these proceedings and will continue to stand beside them. We will also be supporting the family as they pursue a civil claim for compensation, as part of seeking answers, accountability and longer-term support following Noah’s death.

Cases like this highlight the devastating consequences that can arise from failures in childcare safety, supervision and safeguarding.

This case reinforces the importance of accountability where failures in childcare lead to tragic and avoidable loss of life.