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Inspection on 15/02/07 for East Fields (Royal Mencap Society)

Also see our care home review for East Fields (Royal Mencap Society) for more information

This inspection was carried out on 15th February 2007.

CSCI has not published a star rating for this report, though using similar criteria we estimate that the report is Good. The way we rate inspection reports is consistent for all houses, though please be aware that this may be different from an official CSCI judgement.

The inspector made no statutory requirements on the home as a result of this inspection and there were no outstanding actions from the previous inspection report.

What follows are excerpts from this inspection report. For more information read the full report on the next tab.

What the care home does well

Eastfields provides a short term care respite service. There is a thorough `person focussed` assessment procedure for prospective service users. Service users spoken with were pleased with the service provided at Eastfields and said they enjoyed coming to stay: `I like it here`, `I have friends here`, `the staff are kind`. The service users seen on the day of inspection had a good relationship with each other and had developed significant friendships. There was a friendly, homely atmosphere. Records at the home were well organised and generally up to date. The views of service users and their advocates are actively sought to improve the service provided. There is a stable staff group and good training opportunities. The manager and staff spoken to show a commitment to continuous improvement.

What has improved since the last inspection?

The home continue to improve their documentation and recording providing more documentation in an `easy read` format, e.g. service user guide, menus.

What the care home could do better:

No requirements were made at this inspection. A good practice recommendation was made regarding recording of activities. It was noted that the home are currently having discussions with the local authority about future funding and utilisation of the home.

CARE HOME ADULTS 18-65 East Fields (Royal Mencap Society) 24a East Crescent Duckmanton Chesterfield Derbyshire S44 5ET Lead Inspector Denise Bate Key Unannounced Inspection 15th February 2007 02:00 East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 1 The Commission for Social Care Inspection aims to: • • • • Put the people who use social care first Improve services and stamp out bad practice Be an expert voice on social care Practise what we preach in our own organisation Reader Information Document Purpose Author Audience Further copies from Copyright Inspection Report CSCI General Public 0870 240 7535 (telephone order line) This report is copyright Commission for Social Care Inspection (CSCI) and may only be used in its entirety. Extracts may not be used or reproduced without the express permission of CSCI www.csci.org.uk Internet address East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 2 This is a report of an inspection to assess whether services are meeting the needs of people who use them. The legal basis for conducting inspections is the Care Standards Act 2000 and the relevant National Minimum Standards for this establishment are those for Care Homes for Adults 18-65. They can be found at www.dh.gov.uk or obtained from The Stationery Office (TSO) PO Box 29, St Crispins, Duke Street, Norwich, NR3 1GN. Tel: 0870 600 5522. Online ordering: www.tso.co.uk/bookshop This report is a public document. Extracts may not be used or reproduced without the prior permission of the Commission for Social Care Inspection. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service East Fields (Royal Mencap Society) Address 24a East Crescent Duckmanton Chesterfield Derbyshire S44 5ET 01246 824511 01246 824511 Telephone number Fax number Email address Provider Web address Name of registered provider(s)/company (if applicable) Name of registered manager (if applicable) Type of registration No. of places registered (if applicable) www.mencap.org.uk Royal Mencap Society Miss Claire Marie Thompson Care Home 8 Category(ies) of Learning disability (8) registration, with number of places East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: Date of last inspection 9th January 2006 Brief Description of the Service: Eastfields is situated in the village of Duckmanton on the outskirts of Chesterfield and Bolsover, close to local shops, a pub, and public transport. Eastfields provides personal care and accommodation for up to 8 adults with learning disabilities. The home provides short-term respite care for service users, their carers and families and does not provide long-term care. The home is owned by MENCAP, which is a registered charity. Eastfields was opened in 2000 and consists of a two-storey building with 3 downstairs bedrooms and 5 upstairs bedrooms. All the bedrooms are single occupancy. There are 2 lounges, a conservatory and a quiet room. There are attractive enclosed gardens to the front and rear of the property that are well maintained and accessible. Car parking space is provided. The home is supported financially by Derbyshire County Council and service users pay a proportion of the cost which is means tested. The only extra charges are for some outings and items for personal use. Details are included in the statement of purpose. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. This inspection was unannounced and took place at the home over four hours. Additionally, time was spent in preparation for the inspection, looking at previous reports and other documents. Some service user questionnaires were received. Care planning documentation and other records were seen e.g. medication records and reports, CRB checks, care planning documentation, report and audit information, minutes of staff meetings, statement of purpose and service user guides. A tour of the building was made and discussions took place with the manager. The inspector met four service users while undertaking a tour of the home and some of their comments about care at the home are reflected within this report. Four residents were case tracked and their care planning documentation looked at in detail. Two staff were interviewed. The manager was available on the day of inspection and had completed a pre inspection questionnaire prior to the visit which provided a wide range of information regarding the home. Copies of other documents were provided on the day of inspection and are referred to in this report. Service users are referred to within the home as ‘guests’, but for the purposes of this report they will be referred to as ‘service users’ reflecting Eastfields registration as a care home. What the service does well: What has improved since the last inspection? The home continue to improve their documentation and recording providing more documentation in an ‘easy read’ format, e.g. service user guide, menus. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 6 What they could do better: Please contact the provider for advice of actions taken in response to this inspection. The report of this inspection is available from enquiries@csci.gsi.gov.uk or by contacting your local CSCI office. The summary of this inspection report can be made available in other formats on request. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 7 DETAILS OF INSPECTOR FINDINGS CONTENTS Choice of Home (Standards 1–5) Individual Needs and Choices (Standards 6-10) Lifestyle (Standards 11-17) Personal and Healthcare Support (Standards 18-21) Concerns, Complaints and Protection (Standards 22-23) Environment (Standards 24-30) Staffing (Standards 31-36) Conduct and Management of the Home (Standards 37 – 43) Scoring of Outcomes Statutory Requirements Identified During the Inspection East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 8 Choice of Home The intended outcomes for Standards 1 – 5 are: 1. 2. 3. 4. 5. Prospective service users have the information they need to make an informed choice about where to live. Prospective users’ individual aspirations and needs are assessed. Prospective service users know that the home that they will choose will meet their needs and aspirations. Prospective service users have an opportunity to visit and to “test drive” the home. Each service user has an individual written contract or statement of terms and conditions with the home. The Commission consider Standard 2 the key standard to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 2 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Information is available to ensure service users can make an informed choice about where they attend for short term care. EVIDENCE: The home provides respite care for people with learning difficulties, usually on a rotating basis. Application is made in the first instance to the ‘Short Break Services Panel’ who review all referrals. The panel consists of representatives from all local establishments who provide a respite service, including those provided by the health service. There is clear information produced for service users and their advocates on all the homes represented. This includes access and admission criteria, a ‘person centred’ referral form and assessment document, and an explanation of how the system works. The inspector was informed that the system of working together has been very important in ensuring that service users get the service most appropriate to their needs, and that it works very effectively. In addition to the general information provided above, there is a service user guide and statement of purpose that is provided in an ‘easy read’ format East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 9 appropriate for service users with learning difficulties. All prospective service users are assessed and encouraged to visit the home prior to coming in for a short term care stay. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 10 Individual Needs and Choices The intended outcomes for Standards 6 – 10 are: 6. 7. 8. 9. 10. Service users know their assessed and changing needs and personal goals are reflected in their individual Plan. Service users make decisions about their lives with assistance as needed. Service users are consulted on, and participate in, all aspects of life in the home. Service users are supported to take risks as part of an independent lifestyle. Service users know that information about them is handled appropriately, and that their confidences are kept. The Commission considers Standards 6, 7 and 9 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 6, 7, 9 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The care plans and risk assessments relating to personal and social care needs of service users are completed in sufficient detail to direct and inform staff on how individual needs should be met. EVIDENCE: The four service users present on the day of inspection were case tracked. As well as care plans and assessments carried out by care managers and health care representatives the following information was included on individual care plans; matters relating to diet (in an easy read formula) very detailed daily notes, medication (including details of side effects of medication), health issues (highlighting specific issues e.g. epilepsy), personal monies, service agreement (easy read formula), risk assessments. In addition there were individual East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 11 support plans covering service users needs which included details of morning and night time routines, hygiene, food preferences, day services information, transport, social life, and ‘important people’. Matters relating to preference, independence and risk taking are reflected in care planning documentation and discussed with service users, who had signed some documents. Service users appeared to have very positive relationships with staff on duty, with expressions of interest and concern arising and being dealt with in a natural way. The service users were considerate and supportive of each other. The staff were described as ‘helpful’ and ‘kind’. One service users said ‘I’ve got friends here’, and another said ‘I’m coming in March and I am looking forward to spending some time with the lads’. Wherever possible the home make arrangements for specific groups of friends with shared interests to visit the home together. Although the planned approach means that the home may not be quite so flexible, it means that activities and outings can be arranged in advance for service users benefit. Information about local advocacy services was available in the home. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 12 Lifestyle The intended outcomes for Standards 11 - 17 are: 11. 12. 13. 14. 15. 16. 17. Service users have opportunities for personal development. Service users are able to take part in age, peer and culturally appropriate activities. Service users are part of the local community. Service users engage in appropriate leisure activities. Service users have appropriate personal, family and sexual relationships. Service users’ rights are respected and responsibilities recognised in their daily lives. Service users are offered a healthy diet and enjoy their meals and mealtimes. The Commission considers Standards 12, 13, 15, 16 and 17 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 12, 13, 15, 16, 17 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The home provides outings, activities and individual and group support which enhance the quality of life of service users on respite care. EVIDENCE: Most service users still attend their normal day care centres while they are at the home. As previously described, the home assist in ensuring that service users have a choice of appropriate leisure activities during their stay. On the day of inspection the inspector was informed about recent activities that had taken place and some photographs had been taken e.g. new year party, bowling. Photographs and other details were also available on the computer but had not been organised into an up to date folder. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 13 The home have a variety of lounges for service users, and a games/snoozelem area with a pool table. Service users spoke of activities they enjoyed when staying at the home, such as being with friends, playing bingo, going to the local pub, watching TV and listening to music. There was evidence that staff respected guests’ rights. For example, staff addressed guests by their preferred names, and staff appeared to spend most of their time on duty interacting with service users. Good relationships were observed, and both staff and other service users were sensitive and supportive of a service user who had had a particularly difficult day. The home is well known in the local community, although the nature of the home mean that most service users do not live locally. The home work hard to liaise with families and other advocates to ensure needs are met and people are treated as individuals. Sometimes respite care is required because of family crisis or problems. Staff said that service users often ‘confide’ in them, and they try to ensure that they are aware of any significant events in service users lives: ‘you can talk to the staff about anything you are worried about’. Menus were seen and were found to provide a range of homely food. The manager said that service users were consulted about the menus and they are changed on a regular basis. One resident described the food as ‘lovely’, while another said it was ‘alright’. Specific dietary needs can be catered for. Food preparation is carried out on a domestic basis and most service users who are able to help out with preparation and washing up. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 14 Personal and Healthcare Support The intended outcomes for Standards 18 - 21 are: 18. 19. 20. 21. Service users receive personal support in the way they prefer and require. Service users’ physical and emotional health needs are met. Service users retain, administer and control their own medication where appropriate, and are protected by the home’s policies and procedures for dealing with medicines. The ageing, illness and death of a service user are handled with respect and as the individual would wish. The Commission considers Standards 18, 19, and 20 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 18, 19, 20 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Healthcare records were documented and the home is pro-active in seeking help with health concerns ensuring that service users health needs are met. EVIDENCE: Although the home has only 8 beds, there are usually between 60 and 65 service users accessing the service on a regular basis and documentation is held on all of them and updated on a regular basis. The detailed routines on the care planning documentation of case tracked service users indicated that staff are aware of the needs and preferences of service users when delivering personal care. They told the inspector: ‘I get help when I have a bath’; ‘I sometimes do my laundry and the staff help me’. As previously outlined, care planning documentation includes details of health needs and contacts. As part of the assessment process there is a check on whether the service user’s registered GP is willing to visit them at Eastfields. If East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 15 not service users would be seen by the local GP as a temporary resident if there was an urgent health problem. Good relationships are reported between the home and local health workers. Support is provided for many service users from Ash Green, the local hospital which provides services for people with learning difficulties. There were no service users who administered their own medication on the day of inspection. Medication was appropriately stored and records checked indicated that it was correctly administered. There was a record of staff signatures. There were regular checks of the home’s medication procedures carried out by the pharmacist. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 16 Concerns, Complaints and Protection The intended outcomes for Standards 22 – 23 are: 22. 23. Service users feel their views are listened to and acted on. Service users are protected from abuse, neglect and self-harm. The Commission considers Standards 22, and 23 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 22, 23 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Clear and accessible complaints and safeguarding adults procedures are in place to ensure service users and their advocates can be confident that any issues raised would be acted on effectively and promptly. EVIDENCE: The home has a policy for safeguarding adults. Staff spoken to demonstrated a knowledge of safeguarding adults issues and all have had training. The manager has attended training and briefing sessions run by the local authority. No issues relating to safeguarding adults have been reported to CSCI in the last twelve months. The complaints procedure is displayed in the foyer, and is explained in the service user guide. It is available in an ‘easy read’ format and includes information on CSCI. Two complaints have been dealt with by the home since the last inspection. No complaints have been received by CSCI. Day to day issues are dealt with by staff as they arise. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 17 Environment The intended outcomes for Standards 24 – 30 are: 24. 25. 26. 27. 28. 29. 30. Service users live in a homely, comfortable and safe environment. Service users’ bedrooms suit their needs and lifestyles. Service users’ bedrooms promote their independence. Service users’ toilets and bathrooms provide sufficient privacy and meet their individual needs. Shared spaces complement and supplement service users’ individual rooms. Service users have the specialist equipment they require to maximise their independence. The home is clean and hygienic. The Commission considers Standards 24, and 30 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 24, 25, 27, 30 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The home is comfortable and provides a good standard of accommodation in both individual and communal areas enhancing the quality of life for service users. EVIDENCE: The home was purpose built and is maintained to a high standard. There are two main lounges, a dining area and a conservatory, all providing comfortable, spacious and attractive accommodation. There is a choice of bathrooms and some are fitted with hoists and other aids so that services can be provided for service users with physical disabilities as well as learning difficulties. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 18 All bedrooms are spacious and comfortable. Service users spoken to liked their bedrooms and often stayed in the same bedroom which provided extra consistency. Since the last inspection the games room, lounge and kitchen have been redecorated. Some new furniture, including a new sofa, has been provided. There is new flooring in some downstairs rooms, and the garden has been improved and maintained. Staff said ‘service users help and get involved, and they respect the building’. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 19 Staffing The intended outcomes for Standards 31 – 36 are: 31. 32. 33. 34. 35. 36. Service users benefit from clarity of staff roles and responsibilities. Service users are supported by competent and qualified staff. Service users are supported by an effective staff team. Service users are supported and protected by the home’s recruitment policy and practices. Service users’ individual and joint needs are met by appropriately trained staff. Service users benefit from well supported and supervised staff. The Commission considers Standards 32, 34 and 35 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 32, 33, 34, 35, 36 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Trained and competent staff meet the dependency needs of service users accommodated within the home at any one time. EVIDENCE: Staff spoken to were well informed and spoke positively about their work, ‘we have high standards and people want to come back’. They felt they worked well as a team and felt supported by the management arrangements. They were clear on their roles and responsibilities and said they were committed to promoting independence and generally had a positive relationship with parents and carers as well as with service users. Training is given a high priority and staff say they are encouraged to attend relevant courses. Training includes mandatory training and other training to enhance staff skills, e.g. complementary therapies, person centred planning, lone working, death and dying. The manager is actively involved in promoting training. Most staff are East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 20 trained to at least NVQ 2. The home has a structured induction package. The organisation of training demonstrates that the home aspires to meet the service users needs by ensuring the staff have the required training to enable them to undertake their roles to the best of their ability. Staff meetings are held on a regular basis. Minutes of staff meetings were seen by the inspector and they related to individual service users’ issues as well as day to day organisation. There is a staff recruitment policy and procedures in place. Two staff records were examined and contained appropriate Criminal Records Bureau checks, two references, and copies of application forms. All staff received regular supervision and appraisal, and these are recorded on staff files. Both staff and the manager said that they worked as a team and were supportive to each other on both a professional and personal level. The home is run by Mencap, and benefits from corporate policies and procedures. The manager felt well supported by the organisation. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 21 Conduct and Management of the Home The intended outcomes for Standards 37 – 43 are: 37. 38. 39. 40. 41. 42. 43. Service users benefit from a well run home. Service users benefit from the ethos, leadership and management approach of the home. Service users are confident their views underpin all self-monitoring, review and development by the home. Service users’ rights and best interests are safeguarded by the home’s policies and procedures. Service users’ rights and best interests are safeguarded by the home’s record keeping policies and procedures. The health, safety and welfare of service users are promoted and protected. Service users benefit from competent and accountable management of the service. The Commission considers Standards 37, 39, and 42 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 37, 39, 42 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. There is a suitably qualified and experienced manager in post and staff have an awareness of their roles and responsibilities, thus ensuring the home is run in the best interests of service users. EVIDENCE: The manager is suitably qualified and has knowledge and experience in caring for adults with a learning disability. She feels the ‘home functions well’ and that staff are committed and supportive. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 22 The registered proprietor visits on a regular basis and records of the visits were made available to the inspector. These indicated that matters of day to day running of the home are discussed and monitored. ‘Excellent interaction’ between staff and service users was noted on one report. The corporate ‘monthly manager audit’ covers finance, health and safety, and staffing/training matters. In discussion with the manager, and from documents and reports made available on the day of inspection, the home is committed to a process of continuous improvements. A great deal of information had been gathered about the home’s general functioning and occupancy rate as part of the funding review (including day centre closure cover), and this information was made available to the inspector. Information was provided on service users using a variety of breakdowns, e.g. age, area, level of need, severity of learning difficulty, carer priority. Customer surveys had provided detailed information in both 2006 and 2007. This indicated that service users and their advocates were happy with the amount of respite care provided, although some parents felt they would like to have more respite for various reasons. Comments included ‘ the people at Eastfields are helpful in every way’, ‘many thanks to all the staff’. ‘it is a happy and warm place’. The incident book was seen and matters had been appropriately recorded. The inspector was informed that the home has systems in place for the managements of residents’ money and that these systems worked well. Records were held separately for each resident and these were kept securely. Information on maintenance and health and safety records was provided by the manager in the pre-inspection questionnaire and indicates that matters relating to health and safety are satisfactory. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 23 SCORING OF OUTCOMES This page summarises the assessment of the extent to which the National Minimum Standards for Care Homes for Adults 18-65 have been met and uses the following scale. The scale ranges from: 4 Standard Exceeded 2 Standard Almost Met (Commendable) (Minor Shortfalls) 3 Standard Met 1 Standard Not Met (No Shortfalls) (Major Shortfalls) “X” in the standard met box denotes standard not assessed on this occasion “N/A” in the standard met box denotes standard not applicable CHOICE OF HOME Standard No Score 1 X 2 3 3 X 4 X 5 x INDIVIDUAL NEEDS AND CHOICES Standard No 6 7 8 9 10 Score CONCERNS AND COMPLAINTS Standard No Score 22 3 23 3 ENVIRONMENT Standard No Score 24 4 25 3 26 X 27 3 28 X 29 X 30 3 STAFFING Standard No Score 31 X 32 3 33 3 34 3 35 3 36 3 CONDUCT AND MANAGEMENT OF THE HOME Standard No 37 38 39 40 41 42 43 Score 3 3 X 3 x LIFESTYLES Standard No Score 11 X 12 3 13 3 14 X 15 3 16 3 17 3 PERSONAL AND HEALTHCARE SUPPORT Standard No 18 19 20 21 Score 3 3 3 x 3 X 3 X X 3 x East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 24 no Are there any outstanding requirements from the last inspection? STATUTORY REQUIREMENTS This section sets out the actions, which must be taken so that the registered person/s meets the Care Standards Act 2000, Care Homes Regulations 2001 and the National Minimum Standards. The Registered Provider(s) must comply with the given timescales. No. Standard Regulation Requirement Timescale for action RECOMMENDATIONS These recommendations relate to National Minimum Standards and are seen as good practice for the Registered Provider/s to consider carrying out. No. 1 Refer to Standard YA12 Good Practice Recommendations Records should be kept up to date on activities undertaken by service users while they are staying for short term respite care. East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 25 Commission for Social Care Inspection Lincoln Area Office Unity House, The Point Weaver Road Off Whisby Road Lincoln LN6 3QN National Enquiry Line: Telephone: 0845 015 0120 or 0191 233 3323 Textphone: 0845 015 2255 or 0191 233 3588 Email: enquiries@csci.gsi.gov.uk Web: www.csci.org.uk © This report is copyright Commission for Social Care Inspection (CSCI) and may only be used in its entirety. Extracts may not be used or reproduced without the express permission of CSCI East Fields (Royal Mencap Society) DS0000019977.V329383.R01.S.doc Version 5.2 Page 26 - Please note that this information is included on www.bestcarehome.co.uk under license from the regulator. Re-publishing this information is in breach of the terms of use of that website. 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