Gross negligence manslaughter among charges after one-year-old baby boy dies at Dudley nursery

West Midlands Police said it is treating the death as “suspicious” and an investigation is under way.

The criminal investigation was launched following an inspection at Fairytales Day Nursery, in Bourne Street, Dudley, by Ofsted after the boy’s death on December 9.

It has now been closed by the education watchdog along with other linked premises.

Three women – aged 20, 23 and 50 – were arrested on December 16 on suspicion of gross negligence manslaughter.

They were released on bail with strict conditions while enquiries continue.

A further three women, aged 51, 53 and 37, were arrested yesterday.

Two were arrested on suspicion of corporate manslaughter and one on suspicion of gross negligence manslaughter.

Police say the family of the baby boy is being supported by specially trained officers.

A post mortem has taken place but further tests will be conducted to establish the exact cause of death. Police, ambulance crews and the Midlands Air Ambulance were scrambled to Bourne Street after being called on December 9 to reports of a child suffering a cardiac arrest.

He was taken to Dudley’s Russells Hall Hospital but died despite being given advanced life support.

A report following the Ofsted inspection at Fairytales Day Nursery said that it had suspended the registration of the nursery because it believed “children may be at risk of harm”.

Other concerns were raised, including the failure of the nursery to inform Ofsted of a change in manager. The circumstances surrounding the death of the baby boy have not been revealed.

“On December 9, the provider notified us of a serious incident involving a child in their care.

“The notification means that the provider met their legal responsibility as set out in the statutory framework for the early years foundation stage to notify Ofsted of serious accident, illness or injury to, or death of, any child while in their care, and of the action taken.

“On December 14, 2022, we received concerns that the provider was not meeting some of the safeguarding and welfare requirements. We suspended the provider’s registration because we believe children may be at risk of harm.

“Suspension allows time for the provider to take steps to reduce or eliminate the risk of harm to children. The provider has a right to appeal against a suspension. The provider may not provide childcare for which registration is required while the suspension is in place and may commit an offence if they do so.”

It said inspectors carried out another visit on December 15 and found the provider failed to notify Ofsted of a change in manager, which is an offence, and it was not meeting some of the requirements.

A welfare requirements notice was served requiring the provider to take a number of actions to make improvements by January 13.

In 2019, bosses at the nursery were ordered to pay more than £3,000 after mouse droppings were discovered.

Wolverhampton magistrates heard that a routine inspection of the business in July 2018 by Dudley Council hygiene inspectors found mouse droppings under cupboards and on the floor behind a refrigerator in the kitchen.

Bosses pleaded guilty to not having adequate procedures in place to control pests and failing to maintain food safety procedures.

The company was fined £2,000 and ordered to pay Dudley Council costs of £1,013 along with a victim surcharge of £170.

On the nursery’s website, it says it has three private settings in Dudley town centre offering childcare for families with children aged from three months to nine years.

The nursery in Bourne Street was established in 2003 while two other sites in St James’s Road were established in 2006.

A post on the website says: “We aim to provide a loving and caring environment for children to be able to learn in and be happy when away from their families, we have a team of dedicated staff who work hard to look after the children as if they were their own.

“Staff have a range of qualifications from level two in early years right through to level seven, this enables us to have the best knowledge available.

“All staff are fully vetted to enable a secure environment for your child and all staff are first aid trained. Staff have a comprehensive training platform to ensure their knowledge is updated.”