Inspection on 11/03/08 for Fieldhead Park Care Home

This inspection was carried out on 11th March 2008.

CSCI found this care home to be providing an Adequate service.

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.

Other inspections for this house

Fieldhead Park Care Home 09/02/09

Fieldhead Park Care Home 14/03/07

Fieldhead Park Care Home 29/06/06

Fieldhead Park Care Home 02/02/06

Fieldhead Park Care Home 06/10/05

Fieldhead Park Care Home 08/12/04

Fieldhead Park Care Home 25/05/04

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Extracts from inspection reports are licensed from CQC, this page was updated on 08/07/2008.

CARE HOMES FOR OLDER PEOPLE Fieldhead Park Care Home 140 Kitson Hill Road Mirfield West Yorkshire WF14 9QZ Lead Inspector Karen Summers Key Unannounced Inspection 09:15 11 & 17th March 2008 th X10015.doc Version 1.40 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 Fieldhead Park Care Home DS0000001083.V360644.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 Older People. 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. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Fieldhead Park Care Home Address 140 Kitson Hill Road Mirfield West Yorkshire WF14 9QZ 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) 01924 496517 fhpark@rochehealthcare.com Roche Healthcare Limited Mrs Amanda Joy Jones Care Home 54 Category(ies) of Old age, not falling within any other category registration, with number (54) of places Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: 1. 2. One named person aged under 65 years of age To accommodate a maximum of two services users aged between 55 and 65 years in the ten intermediate care bed unit. 14th March 2007 Date of last inspection Brief Description of the Service: Fieldhead Park is a care home providing accommodation, personal and nursing care for up to fifty-four older persons. Ten of the places are reserved for persons requiring intermediate care. The accommodation is an extended and adapted former Victorian detached property in its own grounds. It is owned by a private limited company that own other homes in the West Yorkshire area. All but two of the bedrooms are for single occupancy; all the rooms have ensuite facilities. The facilities are based over two floors that are joined by two passenger lifts. The home has a number of lounges and dining facilities. The home is sited some distance from the town of Mirfield, within a short distance of some local facilities. The provider informed the Commission for Social Care Inspection on the day of the inspection that the fees range from £368.12 to £624.00 per week. There are additional charges for hairdressing, newspapers, magazines and private chiropody. Information about the home and the services provided are available from the home in the Statement of Purpose and Service User Guide. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. The quality rating for this service is 1 star. This means the people who use this service experience adequate quality outcomes. This report refers to an inspection, part of which included unannounced visits to the home on the 11th & 17th March 2008, commencing at 9.00 am, and the length of the inspection was 10.75 hours. There were 45 people living at Fieldhead Park on the day of the visit. As part of the inspection in order to provide information to help us form judgments about how the service is run, the manager was asked to complete an annual quality assessment document. This she did, and the document provided the Commission for Social Care Inspection (CSCI) with a lot of information about the way the home is run, and what they hope to achieve in the future. During the visit we spoke with members of staff and people who receive care to obtain their views. We also looked at a sample of care records, staff recruitment, and training records, quality assurance audits and looked around the home. To enable people who use the service to comment on the care it provides, we sent ten surveys to people living at the home, and five of these were returned. Ten were sent to their next of kin and six of these were returned. The feedback from those who returned surveys to the Commission was positive. We would like to thank all the people who gave feedback about this home, and would like to thank the manager and staff for their co-operation throughout the inspection process. What the service does well: The CSCI’s survey asked relatives what they thought the home does well and these are some of the comments we received. “Staff are always good and helpful.” “Staff make sure that my husband is clean and comfortable.” “Respect for residents, high standards of care, appropriate activities.” “Staff are always good and helpful to mum.” Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 6 People living at the home were positive about their lives saying how they have control over how they spend their time, their daily routine and the choices they have available to them. The atmosphere at the home is warm and friendly. Visitors said how welcome they are made to feel. Good relationships are shared with people living at the home, their relatives and staff. Staff are working towards The Gold Standards Framework Award, which will give the staff the necessary knowledge and skills to look after people who need end of life care. What has improved since the last inspection? 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. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 7 DETAILS OF INSPECTOR FINDINGS CONTENTS Choice of Home (Standards 1–6) Health and Personal Care (Standards 7-11) Daily Life and Social Activities (Standards 12-15) Complaints and Protection (Standards 16-18) Environment (Standards 19-26) Staffing (Standards 27-30) Management and Administration (Standards 31-38) Scoring of Outcomes Statutory Requirements Identified During the Inspection Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 8 Choice of Home The intended outcomes for Standards 1 – 6 are: 1. 2. 3. 4. 5. 6. Prospective service users have the information they need to make an informed choice about where to live. Each service user has a written contract/ statement of terms and conditions with the home. No service user moves into the home without having had his/her needs assessed and been assured that these will be met. Service users and their representatives know that the home they enter will meet their needs. Prospective service users and their relatives and friends have an opportunity to visit and assess the quality, facilities and suitability of the home. Service users assessed and referred solely for intermediate care are helped to maximise their independence and return home. The Commission considers Standards 3 and 6 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 3&6 People who use this service experience good outcomes in this area. This judgement has been made using available evidence including a visit to this service. People are assessed prior to them moving into the home and are able to visit the home to establish whether or not it is the right place for them. Those assessed and referred for intermediate care are helped to make the most of their independence and return home. EVIDENCE: The care records of three people who use the service were examined, and this included the records of a person receiving intermediate care. The records contained a pre-admission assessment carried out by the funding local authority, and also an assessment done by the manager of the home. The intermediate care team carries out the pre admission assessment of people requiring intermediate care and those records were seen. The manager also said that people were given information about the home and where able were encouraged to visit before making a decision to move in. On both days of the inspection we observed introductory visits taking place. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 9 Relatives and people living at the home who completed the CSCI’s surveys confirmed that they received enough information about the home to help them decide if Fieldhead Park was right for them. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 10 Health and Personal Care The intended outcomes for Standards 7 – 11 are: 7. 8. 9. 10. 11. The service user’s health, personal and social care needs are set out in an individual plan of care. Service users’ health care needs are fully met. Service users, where appropriate, are responsible for their own medication, and are protected by the home’s policies and procedures for dealing with medicines. Service users feel they are treated with respect and their right to privacy is upheld. Service users are assured that at the time of their death, staff will treat them and their family with care, sensitivity and respect. The Commission considers Standards 7, 8, 9 and 10 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 7 10 People who use this service experience good outcomes in this area. This judgement has been made using available evidence including a visit to this service. Peoples’ care plans outline the level of support and care each person requires in ensuring their health and welfare needs will be met. People’s privacy and dignity are supported by caring staff, and they are treated with respect. EVIDENCE: Surveys sent to relatives asked if the care home meets the needs of their relative/ friend. Three responded, ‘always’ and three responded, ‘usually’ and one relative wrote, “I think they do a very good job.” Everyone said that they are kept up to date with important issues affecting their relative/ friend. Two people who were receiving intermediate care were spoken with during the visit, and both people said how they were enjoying their stay. One person said that the staff were very good, and could not do enough for them. Three people’s care records were looked at, and included one care plan for a person receiving intermediate care. The documentation identified the care needs, and the level of support the person requires. Risk assessments had also Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 11 been completed and included the risk of falls. There were also movement and handling assessments, nutritional assessment, information about the persons health care needs, social interests and people’s likes and dislikes were recorded. The healthcare needs of people are met. Evidence was seen of involvement from people’s doctors, physiotherapists, opticians, dentists and other healthcare professionals where needed. Relatives said that they were kept up to date with important issues affecting their friend/ relative i.e. an admission to hospital. Care practice was observed during this visit and staff were seen being helpful and courteous towards people they were supporting. There was a good rapport between people living at the home and staff and the atmosphere was relaxed and friendly. A sample of three people’s medication was checked during the visit, and there was evidence that the medication is audited for any errors on a regular basis. There was one discrepancy found when checking the medication. The manager plans to continue to monitor and audit the medication to try to prevent further errors occurring. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 12 Daily Life and Social Activities The intended outcomes for Standards 12 - 15 are: 12. 13. 14. 15. Service users find the lifestyle experienced in the home matches their expectations and preferences, and satisfies their social, cultural, religious and recreational interests and needs. Service users maintain contact with family/ friends/ representatives and the local community as they wish. Service users are helped to exercise choice and control over their lives. Service users receive a wholesome appealing balanced diet in pleasing surroundings at times convenient to them. The Commission considers all of the above key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 12 – 15 People who use this service experience good outcomes in this area. This judgement has been made using available evidence including a visit to this service. People living at the home are offered a range of activities and are able to make their own choices about how they spend their time. Meals provided are good, varied and served in a pleasant environment. EVIDENCE: An activities person is employed at the home Monday to Friday and four hours each day, and a list of activities was displayed in various parts of the home. People were asked as part of the CSCI’s survey if there are activities arranged by the home that they can take part in, and everyone said that there were. A relative said, that there were plenty of activities and that staff had tried their best to encourage their relative to join in. Another person said that the lady who organises entertainment for the people was brilliant, and that she made a difference to peoples lives at the home. At the time of the visit people were seen to be joining in with dominoes, and they looked to be having a good time. The list of activities that take place was seen and included, crafts, mobile shop, bingo etc. Unfortunately, the information in peoples care records of what activities had taken place had only been recorded on an ad hoc basis. To show people’s involvement and enjoyment of activities, a record should be made in each person’s individual record on a daily basis. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 13 The home also has a mini bus that is shared with the other homes in the group, and in the better weather, the manager said that trips out to places of interest are arranged on a weekly basis. The mobile library visits the home once a month, and the manager said that she is going to order some talking books for a person who has sight impairment. Another person uses a picture board to communicate. Some people choose to have their own newspapers delivered. People living at the home were asked as part of their survey if they made decisions about what they do each day, and without exception everyone commented that they did make decisions about how they spend their day, and that staff treat them well. The hairdresser visits weekly and in addition to this some people’s personal hairdressers visit them in the home. People said that they were helped to keep in touch with their relatives/ friends, and one person said that their relative had their own telephone and so they were able to phone on a regular basis. Another person said that they thought a regular newsletter, which could advertise forthcoming events, trips and requests for help, and donation, could improve communication with families. The menus offered a variety of food, and the food preferences and diets of people were also taken into consideration. The manager said that no one presently requires a specific diet because of his or her culture, however; she also said that should this arise then one would be provided. People commented that they liked the meals at the home. A relative said that the food provision is very good and well liked by her mother. At the time of the visit people in the first floor lounge commented that the food was cold and one person said that the food had been cold on other days in the same week. One person said that the meals did vary but that they were generally good. The manager said that she would investigate why the meals had been cold and prevent a similar situation occurring. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 14 Complaints and Protection The intended outcomes for Standards 16 - 18 are: 16. 17. 18. Service users and their relatives and friends are confident that their complaints will be listened to, taken seriously and acted upon. Service users’ legal rights are protected. Service users are protected from abuse. The Commission considers Standards 16 and 18 the key standards to be. JUDGEMENT – we looked at outcomes for the following standard(s): 16 &18 People who use this service experience good outcomes in this area. This judgement has been made using available evidence including a visit to this service. People can be confident that their complaint will be dealt with effectively. Staff have received suitable training and understand the adult protection policies and procedures, which makes sure that the people they support are safe. EVIDENCE: There is a complaints procedure, which is clearly communicated to people using the service. People who use the service and their relatives, said that they knew how to make a complaint and knew who to speak with if they were not happy. One person said, that staff are helpful and approachable. The manager keeps a log of any complaints received and there was evidence that peoples’ concerns had been taken seriously and the appropriate action had been taken to resolve the matter wherever possible. The home has received four complaints in the last twelve months. Compliments received by the home include, ‘Thank you for looking after my mum.’ Another person who had received intermediate care said, ‘Thank you for all your help, and it’s been nice staying with so many nice staff that are always willing to help when needed.’ There are policies and procedures in place to reduce the risk of abuse. Records seen showed that staff commencing employment have a CRB (Criminal Records Bureau) and a POVA (Protection of Vulnerable Adults) check before Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 15 starting work in the home. All staff have received safeguarding (adult protection) training which provides information on how to protect people from abuse. Those staff spoken with during this visit spoke with confidence about how they would report poor care practice and abuse. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 16 Environment The intended outcomes for Standards 19 – 26 are: 19. 20. 21. 22. 23. 24. 25. 26. Service users live in a safe, well-maintained environment. Service users have access to safe and comfortable indoor and outdoor communal facilities. Service users have sufficient and suitable lavatories and washing facilities. Service users have the specialist equipment they require to maximise their independence. Service users’ own rooms suit their needs. Service users live in safe, comfortable bedrooms with their own possessions around them. Service users live in safe, comfortable surroundings. The home is clean, pleasant and hygienic. The Commission considers Standards 19 and 26 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 19 & 26 People who use this service experience good outcomes in this area. This judgement has been made using available evidence including a visit to this service. The home offers people a homely, comfortable and clean environment. EVIDENCE: As part of the inspection a tour of the home was conducted which included the communal areas, a number of people’s bedrooms, and the laundry. The standard of cleanliness is good and there were no unpleasant odours noted in any part of the home. The atmosphere on the day of the visit was warm and friendly and people looked comfortable whilst sitting in various parts of the home. The carpet on the link corridor was lifting in areas and could be a possible trip hazard. The manager said that there were plans to replace the carpet on the 28th March 2008. Two computers have been purchased to be used by people living in the home, and are waiting to be installed with Internet access in the last week in April 2008. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 17 Infection control procedures are followed and bacterial soap and wipes are provided in bathrooms and toilets to minimise the spread of infection. People said that the home is always fresh and clean. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 18 Staffing The intended outcomes for Standards 27 – 30 are: 27. 28. 29. 30. Service users’ needs are met by the numbers and skill mix of staff. Service users are in safe hands at all times. Service users are supported and protected by the home’s recruitment policy and practices. Staff are trained and competent to do their jobs. The Commission consider all the above are key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 27 – 30 People who use this service experience good outcomes in this area. This judgement has been made using available evidence including a visit to this service. People are supported by qualified, competent and experienced staff and in sufficient numbers. Staff also have had all the necessary checks before working with people so that they are kept safe. EVIDENCE: On the day of inspection there were forty-five people in residence. The staff duty rotas were looked at and staff were spoken with. There was evidence to suggest that staffing levels and skill mix were sufficient to meet the number and needs of people living there. Evidence was seen to suggest that care staff are encouraged to have an NVQ level 2 in care, and the manager confirmed that fifty nine percent of care staff have the qualification. Staff recruitment files of three members of staff were looked at in detail and they contained the required information and employment checks. These checks are necessary to help protect people from potentially unsuitable staff. The staff that were spoken with confirmed that they had received induction training when they came to work at the home, and a number of staff have had training in dementia care, and a further four staff have started the course. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 19 Management and Administration The intended outcomes for Standards 31 – 38 are: 31. 32. 33. 34. 35. 36. 37. 38. Service users live in a home which is run and managed by a person who is fit to be in charge, of good character and able to discharge his or her responsibilities fully. Service users benefit from the ethos, leadership and management approach of the home. The home is run in the best interests of service users. Service users are safeguarded by the accounting and financial procedures of the home. Service users’ financial interests are safeguarded. Staff are appropriately supervised. 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 and staff are promoted and protected. The Commission considers Standards 31, 33, 35 and 38 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): 31, 33, 35 & 38 People who use this service experience adequate outcomes in this area. This judgement has been made using available evidence including a visit to this service. The management of the home is generally good but improvements need to be made in the management of staff training, and in the interests of protecting the welfare of people living there. EVIDENCE: Mrs Mandy Jones is the registered manager at Fieldhead Park. Mrs Jones is also a registered general nurse with a number of years’ experience of working in a nursing home setting. She has completed the registered managers award and her certificate is displayed on the wall in the entrance of the home. The home encourages people to look after their own finances, and a lockable drawer is provided in their rooms. One person chooses to have the home look Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 20 after their monies, and these were examined and satisfactory records were maintained. Receipts are also kept of all transactions made. Staff training records showed that some staff had not had supervision, and the manager and staff confirmed this. The manager said that she plans to ensure that all staff receives regular supervision from April 2008. All care staff must receive supervision to ensure that they are supported to do their job. Staff have had first aid training and the manager confirmed that there is always a person trained in first aid on duty. The manager said that meetings involving people who live at the home and their relatives/ friends take place approximately every six months, and records of the meeting in February 2008 were seen. The things that are discussed at the meetings include the activities, the quality of food and the menus, areas of concern, the Memorial Garden, and Memorial Remembrance Book, standards of care, etc. Staff meetings also take place at regular intervals throughout the year. Quality assurance surveys are sent out by the home each year and the last survey to take place was December 2008. The results of those surveys the manager said would be published in a newsletter, and also discussed at the peoples meetings. The funding authority sends out surveys for those people, who have had Intermediate care, and the results of those surveys are discussed every two months with the home and improvements made where appropriate. The home is due to commence assessment for the Investors in People Award in April 2008, which assesses how well employer’s train and develop their staff to perform well. They are also working towards The Gold Standards Framework Award, which will give the staff the necessary knowledge and skills to look after people who need end of life care. The home has two movement and handling assessors however, records showed that some staff had not had any training since 2006. The manager said that training sessions would start from the day of inspection to ensure that everyone is up to date. In the interest of peoples safety all staff must have annual movement and handling training. Fire alarms and emergency lighting were tested and up to date records were seen. In relation to fire training, records showed that a number of staff had not had a fire lecture since 2006. The manager confirmed this and said that further lectures have been booked for the 31st March 2008 to ensure that staff are up to date. In the interest of staff and peoples’ safety fire training must be kept up to date. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 21 SCORING OF OUTCOMES This page summarises the assessment of the extent to which the National Minimum Standards for Care Homes for Older People 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 2 3 4 5 6 ENVIRONMENT Standard No Score 19 20 21 22 23 24 25 26 X X 3 X X 3 HEALTH AND PERSONAL CARE Standard No Score 7 3 8 3 9 3 10 3 11 X DAILY LIFE AND SOCIAL ACTIVITIES Standard No Score 12 2 13 3 14 3 15 3 COMPLAINTS AND PROTECTION Standard No Score 16 3 17 X 18 3 3 X X X X X X 3 STAFFING Standard No Score 27 3 28 3 29 3 30 3 MANAGEMENT AND ADMINISTRATION Standard No 31 32 33 34 35 36 37 38 Score 3 X 3 X 3 1 X 1 Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 22 Are there any outstanding requirements from the last inspection? No 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. 1. Standard OP36 Regulation 18.- (2) Requirement All care staff must receive appropriate supervision to ensure that they are supported to do their job. All staff must receive movement and handling training to ensure that people are protected from injury. Timescale for action 30/04/08 2. OP38 18.(1)(c)(i) 30/04/08 3. OP38 23.- (4) (d) & (e) To ensure that all staff are aware 30/04/08 of the procedure to follow in the event of a fire, all staff must have up to date fire prevention training. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 23 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. 2. 3. Refer to Standard OP12 OP38 OP38 Good Practice Recommendations To show people’s involvement and enjoyment of activities a record should be made in each person’s records. To protect people from injury and abuse, all staff should have annual movement and handling training. Fire drills & lectures should take place for all staff twice a year and the dates should be recorded to show that staff are kept up to date. Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 24 Commission for Social Care Inspection North Eastern Region St Nicholas Building St Nicholas Street Newcastle Upon Tyne NE1 1NB 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 Fieldhead Park Care Home DS0000001083.V360644.R01.S.doc Version 5.2 Page 25 - 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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