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A petition launched by grieving parents calling for the number of children staff can look after not to be increased will be debated by MPs next week.
Little Oliver Steeper was taken to hospital after he choked on food while he was being looked after at Jelly Beans Day Nursery in Kingsnorth, Ashford.
He tragically died six days later at Evelina London Children's Hospital.
His parents' petition against changes on the number of children each member of nursery staff can care for at one time amassed more than 100,000 signatures.
Reaching that milestone means the petition will be subject to debate at Westminster - which is set to take place on Monday.
The government is considering increasing how many two-year-olds a staff member can look after.
At the moment, one adult can be in charge of four children in England.
But the government says the aim of the proposal is to reduce costs for parents and to give nurseries more flexibility by following the Scottish model of one adult caring for five toddlers.
Speaking to the BBC, Oliver's parents Zoe and Lewis Steeper say they launched the petition as they are concerned the plans could put children at risk.
"It's not physically possible to keep as good an eye on five children as it is on four," Zoe said.
"To have more children under your care, knowing that they are literally the most precious thing that a parent can give to you, I can't imagine that sense of responsibility."
At an inquest opening in August into Oliver's death, it was revealed he died as a result of a brain injury and cardio-respiratory arrest following "aspiration of foodstuffs during a choking episode".
Following the tragic incident, Ofsted closed the nursery in Field View on a temporary basis pending a full investigation into "serious safeguarding concerns" in the lead up to Oliver's death.
However, parents and carers were later informed that the owner of the nursery had voluntarily shut the facility down.
Mr and Mrs Steeper are unable to comment on the case due to an ongoing police investigation.
But they say they had mixed emotions when the petition passed 100,000 signatures, which happened on the first anniversary of their son's death.
"We both let out this scream of joy that it may now be selected for a debate," Lewis told the BBC.
"To get that on that day was so poignant. We both had a little cry afterwards."