Noah Sibanda died after an incident at Fairytales Nursery in Bourne Street, Dudley on 9 December 2022. The nursery subsequently closed in 2023.
Following a two-year investigation by Police, Deborah Latewood, director and owner of Fairytales Nursery in Dudley, has been charged with failing to comply with general duties under the Health and Safety at Work Act.
Nursery worker Kimberley Cookson, aged 22, has been charged with gross negligence manslaughter.
Fairytales Nursery Limited has also been charged with one count of corporate manslaughter and failing to comply with a duty under the Health and Safety at Work Act.
The defendants will appear before Dudley magistrates on 13 May.
Since Noah’s death, West Midlands Police said it has been working closely with the Crown Prosecution Service (CPS), Ofsted and other agencies.
Four other people were originally arrested as part of the investigation but will face no further action, West Midlands Police confirmed.
Malcolm McHaffie, head of the CPS's special division, commented, ‘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.’
Noah’s parents said, ‘Noah was a beautiful, happy and easy-going little boy and we miss him very much.’
