Inspection on 25/07/07 for Loxley Chase

This inspection was carried out on 25th July 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.

Other inspections for this house

Loxley Chase 01/08/06

Loxley Chase 10/01/06

Loxley Chase 19/07/05

Loxley Chase 19/01/05

Loxley Chase 14/07/04

Similar services:

Turret Villa Retirement Home

Moor House

Mendip House

Beaconsfield Court Care Home

Little Sisters Of The Poor

Manor House

Middleton Hall Ltd

Middlesbrough Intermediate Care Centre

Extracts from inspection reports are licensed from CQC, this page was updated on 09/07/2008.

CARE HOMES FOR OLDER PEOPLE Loxley Chase 3a & 5 The Crescent Linthorpe Middlesbrough TS5 6SD Lead Inspector Brenda Grant Unannounced Inspection 25th July 2007 10:10 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 Loxley Chase DS0000039334.V346800.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. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Loxley Chase Address 3a & 5 The Crescent Linthorpe Middlesbrough TS5 6SD 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) 01642 818921 Mr George Dixon Mrs Susan Olive Ellis, Mrs Angela Catherine Allick, Mr Michael Dixon Mrs Michelle Morrell Care Home 19 Category(ies) of Old age, not falling within any other category registration, with number (19) of places Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: Date of last inspection 1st August 2006 Brief Description of the Service: Loxley Chase is a care home providing personal care for older people. It is a two-storey building providing both single and shared accommodation for 19 residents. There are 13 single bedrooms and 3 shared bedrooms. There is a stair lift giving access to the upper floor. There is a lounge and dining room on the ground floor and a lounge/dining room on the first floor. There is also a small sitting area, known as the Library, and a small area for those residents who smoke. Loxley Chase is situated close to local shops and amenities; a bus service provides access to Middlesbrough town centre. There is car parking at the rear of the home. On the date of this inspection the fees at the home were £338. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. The inspection was an unannounced inspection. We assessed the information from: the Annual Quality Assurance Assessment, surveys that had been completed by residents and relatives and we carried out visits to the home. The visits took place over two days, eight hours ten minutes in total. Discussion took place with residents, care staff, the cook, the providers and the manager. We looked around the home and examined a number of records that included; residents and staff files, health and safety and maintenance checks and complaints, accident and kitchen records. The findings from the inspection were of the home providing a good care service with most of the National Minimum Standards being met. What the service does well: The home provided a pleasant, comfortable and homely environment for the residents. The relationship between staff and residents was very relaxed and it was obvious that staff enjoyed their work. Resident’s rights were respected and residents lived their lives as they wished. Residents were protected by the homes complaint’s, safeguarding and recruitment procedures. Staff completed basic and additional training. The home had appropriately trained staff to care for the residents. Residents commented in surveys: “I find all the staff lovely and helpful”. “I am not a big eater but I enjoy what I do eat”. “I like to help wash up or fold clothes”. Relatives commented in surveys: “My ‘relative’ is looked after extremely well”. “Friendly caring staff. Good laundry service”. “The service provided is excellent”. “The home is very well run and caring”. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 6 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. Loxley Chase DS0000039334.V346800.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 Loxley Chase DS0000039334.V346800.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): Quality in this outcome area is good. This judgement has been made using available evidence including two visits to this service. Standards: 3 & 6 Resident’s needs were assessed before moving to the home and they were assured those needs would be met. EVIDENCE: Residents who were funded by the local authority had assessments, carried out by a care manager, which were shared with the home. For those and privately funded residents, the manager carried out a further assessment, so that Loxley Chase could determine whether the needs of the person would be met at the home. The assessment included details of: health, social and personal needs as well as social interests, hobbies and religion. Three residents said, they were involved with the assessment process and they and their families had the opportunity to look around the home before the resident was admitted. A resident commented in a survey, “I received a booklet, came to look around Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 9 and liked the atmosphere” and from another resident, “My daughter and her friend took me round a few homes, I liked this best”. The home did not offer intermediate care therefore standard six does not apply. Loxley Chase DS0000039334.V346800.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): Quality in this outcome area is good. This judgement has been made using available evidence including two visits to this service. Standards: 7, 8, 9 & 10 Resident’s health, personal and social care needs were fully met and recorded in Care Plans. Residents were protected by the home’s policies and procedures for dealing with medicines. Residents were treated with respect and their right to privacy was upheld. EVIDENCE: The home developed Care Plans for each resident. There was basic information about the person’s care needs and the plans were regularly reviewed. Care Plans provided information about how each resident’s care was delivered. Residents and relatives spoken with said they knew about the plans and they were involved when Care Plans were reviewed. A relative commented in a survey, “From my frequent visits over the years, they appear to consider different needs and requirements”. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 11 Care Plans included a Risk Assessment that informed how those risks were to be managed; to reduce those risks to an acceptable level. Resident’s files included healthcare visits and appointments. The record detailed the regularity of appointments with: GPs and District Nurses, opticians, chiropodists, dentists and other healthcare specialists. A relative commented in survey, “Anything me ‘relative’ wants or needs the carers help him/her with. If s/he requires medical help the staff will get in touch with his/her doctor for him/her”. Another relative stated, “I have been informed every time my ‘relative’ has gone to the hospital or doctors”. A resident said, “We are all well looked after”. The home appropriately managed resident’s medicines. The storage and recording was found to be satisfactory. Resident’s files included assessment details for whether it was suitable for a resident to look after their own medicines. At the time of the inspection ‘site’ visits the home had one resident who was in control of their medication. The resident’s doctor had assessed him/her as being capable of managing his/her own medicines and the doctor signed a letter giving his approval. The manager informed, the doctor carried out regular reviews to monitor the situation. Staff files confirmed staff has completed medication awareness training. Additionally, the manager had completed a ten week college course for managing medicines. Staff were observed being respectful to residents and knocking on bedroom doors before entering the room. The relationship between staff and residents was very relaxed and residents spoken with confirmed they were treated with respect. One resident said, “Staff are lovely and I have my favourites”. All comments, from residents, were very complimentary about how staff looked after residents. A relative commented in a survey, “All the staff seem happy and cheerful. This tends to rub off on the residents. They all seem happy too”. Loxley Chase DS0000039334.V346800.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): Quality in this outcome area is good. This judgement has been made using available evidence including two visits to this service. Standards: 12, 13, 14 & 15 Residents lived their lives as they wished and residents maintained contacts with families and friends. Residents had choice and control over what they do. The home provided a varied and balanced diet. EVIDENCE: Staff said the home tried make sure residents social, cultural and recreational interests were catered for. The manager informed there were regular recreational activities offered at the home and all activities were recorded. A relative in a survey commented, “The home is good at providing for everything including entertainments and outings”. One resident said, “I enjoy going to the theatre and card making” and from another resident in a survey commented, “I like to help wash up or fold clothes”. The home provided for resident’s religious needs; by arranging regular visits and services from four different religious sects. The manager said, “If it was not already provided for, the home would always make suitable arrangements to meet resident’s religious and cultural needs”. Staff said, they sometimes Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 13 accompanied residents to the local shops or go out for a walk. The manager said, the home was arranging a fund raising event which would be held at a local community centre. The home had a ‘tuck shop’ so that residents, who were unable to go to the shops, could make their own purchases for items such as: toiletries and sweets. Residents and staff said, relatives and friends were always made to feel welcome when they visited the home. Staff said the home has regular contact with resident’s families. One relative in a survey commented, “The manager and staff are always friendly, they regularly contact me and I am always kept informed about what is happening at the home”. Residents said, they felt they were in control of their lives and they lived their lives as they wish. One resident said, “We make our own decisions” and another resident said, “I always please myself with what I want to do”. Residents said, they were able to bring their personal possessions and have their bedrooms arranged as they wished. The home accommodated for residents who wanted to: get up early or late, stay in their bedrooms or go to communal rooms. The home’s menus were examined; they showed there was a variety of food offered to residents. Menus were displayed, in large print, on the notice board. All residents spoken with said the food was very good but sometimes the meat was not as well cooked as they would have liked. In a survey a resident commented, “I am not a big eater but I enjoy what I do eat”. The food stored at the home was of there being fresh fruit and vegetables and a good variety other foods. The cook kept a record of the food that had been served to residents. Kitchen records included those for: cleaning rota, fridge, freezer and food temperatures. Loxley Chase DS0000039334.V346800.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): Quality in this outcome area is good. This judgement has been made using available evidence including two visits to this service. Standards: 16 & 18 Residents were confident their complaints would be listened to, taken seriously and acted upon. Residents were protected from abuse by the home’s policies and procedures. EVIDENCE: The home had a satisfactory complaints procedure that was available in different formats, for people with sensory loss. Residents spoken with informed, they did not have anything to complain about but they were confident complaints would be appropriately dealt with. Since the last inspection the home had not received any complaints. A relative in a survey commented, “We have no complaints and minor suggestions/observations are always dealt with promptly”. The home had procedures for protecting residents from abuse. Staff records confirmed staff had completed training for safeguarding vulnerable adults. The manager said was making arrangements for staff to have an update with their training for protecting vulnerable adults. Staff said, they knew of the procedures to follow if there was an allegation of abuse on a resident. The home’s procedure, for safeguarding adults, was slightly different to that of the Teeswide ‘No Secrets’ Procedure. The manager said she would alter the home’s procedure so that both had the same information. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 15 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): Quality in this outcome area is adequate. This judgement has been made using available evidence including two visits to this service. Standards: 19, 23 & 26 Residents lived in a safe and well-maintained environment. The home was clean, pleasant and hygienic and free from offensive odours. EVIDENCE: Loxley Chase provided a homely and comfortable environment for residents. The manager informed, there were plans to redecorated some areas of the home and replace some carpets and furniture. Presently some areas, around the home, need to be redecorated and there were places where there was worn carpeting. The garden, at the front of the home, was well maintained. There was a grassed area with seating. The tall trees and hedging allowed for a private, shaded area for residents to enjoy the garden in warmer weather. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 16 The home’s maintenance records were examined. The requirements of the Environmental Health Department had been met and all fire safety measures were in place. The fire alarm weekly checks were recorded and gave details the fire point that had been tested. There were two residents sharing a bedroom. It was unclear if those residents and/or their families had made a positive choice for the residents to share with each other. Additionally, when a shared place became vacant, there was uncertainty if the remaining resident had been given the opportunity not to share. The manager said, she had discussed the situation with one resident’s family but that was not the case for the other resident. The care for those residents was satisfactory and both needed to have enough space, to enable staff to use a hoist, for moving the residents. The provider informed, there were plans to extend the home and it was a priority for residents to have their own bedrooms. The home was clean, pleasant, hygienic and free from offensive odours. A relative commented, “The rooms are always kept clean and tidy”. The laundry facility was an out-house within the home’s grounds and there was regular maintenance of the washing and drying machines. The Annual Quality Assurance Assessment informed, there were plans to purchase some new laundry equipment. The home did not have a sluice but the provider informed, this matter would be addressed within two weeks. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 17 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): Quality in this outcome area is good. This judgement has been made using available evidence including two visits to this service. Standards: 27, 28, 29 & 30 Resident’s needs were met by the numbers and skill mix of staff who were trained and competent to care for the residents at the home. Residents were protected by the home’s recruitment procedures. EVIDENCE: On the days of the inspection ‘site’ visits there was sufficient staff on duty to meet the needs of the residents presently living at the home. One staff said, “We always work as a team and we make sure all staff know what there is to do”. There were three responses in surveys, for whether staff were available when they were needed, stated staff were usually available. One person who responded that staff were usually available commented, “Unless they are short staffed”. The manager said, there had been a few staffing problems but she always made sure there was enough staff on duty and at times this involved, sometime contacting another of the organisation’s care homes to see if their staff were available to go to Loxley Chase. That would avoid the home having to get agency staff. Alternatively, the manager was included with the care staffing numbers. The manager had recruited new staff so that her time could be entirely dedicated to managing the home. The Annual Quality Assurance Assessment informed, the ration of staff to residents was 1:5. Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 18 The numbers of care staff who had successfully completed the National Vocational Qualification at Level 2 was more than 76 . The manager said, of the staff who did not have the qualification, one staff was undertaking the qualification at Level 3 and another staff was attending college for a nursing qualification. The cook had successfully completed a National Vocational Qualification Level 3 for chef and Intermediate Food Hygiene Level 2. Staff’s training files confirmed staff had completed basic and further training. Some staff had completed extra training specifically for caring of older people. Staff files confirmed the home followed the recruitment procedure. Loxley Chase DS0000039334.V346800.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): Quality in this outcome area is good. This judgement has been made using available evidence including two visits to this service. Standards: 31, 33, 35 & 38 The home was well managed and run in the best interests of the residents. Resident’s personal monies were safeguarded by the home’s procedures. The health, safety and welfare of residents and staff was promoted and protected. EVIDENCE: The manager had many years of experience running a care home for older people. Staff said, the manager gave support when it is needed. The manager was undertaking training for National Vocational Qualification Level 4 in management. The manager informed, when she has successfully gained that qualification, she will apply to undertake the Registered Manager’s Award. The Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 20 manager had successfully completed National Vocational Qualification Level 3 in care. The home carried out quality assurance surveys where residents and/or their relatives complete a questionnaire. The home devised a graph showing the results of the survey and developed a plan that took account of comments made from the survey. The manager carried out monthly audits of the service, records of the audits were available at the home. The provider regularly visited the home but did not prepare a written report on the conduct of the care home as a result of interviewing residents and staff and inspecting the premises and records. Financial records, of monies held on behalf of residents, were examined and found to be correct. A sample of health and safety records were examined and found to be in order. The manager kept an up to date record of all maintenance and checks that were required throughout the year. Staff had completed health and safety training and the home provided protective clothing for staff’s use. Electrical equipment checks were up to date and there was documentation for the Control Of Substances Hazardous to Health. It was confirmed that the home met the requirements of the Environmental Health Department. The home kept records of all accidents and there were regular checks of the hot water outlet temperatures. The manager was going to make enquiries, for what actions needed to be taken, to reduce the risk of Legionella. Loxley Chase DS0000039334.V346800.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 N/A 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 3 13 3 14 3 15 3 COMPLAINTS AND PROTECTION Standard No Score 16 3 17 X 18 3 2 X X X 2 X X 2 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 2 X 3 X X 3 Loxley Chase DS0000039334.V346800.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 OP19 Regulation 23 Requirement Worn carpets must be replaced and areas where there is peeling wallpaper must be redecorated. This is to keep the premises in a good state of repair. The registered person must install a sluice facility in the home. This requirement was outstanding from January 2005 and the last inspection, with a requirement date of 31/12/06. The provider has informed this will be addressed by 20/08/07. The provider, who regularly visits the home, must prepare a written report on the conduct of the care home as a result of interviewing residents and staff and inspecting the premises and records Timescale for action 30/09/07 2. OP26 23 20/08/07 3. OP33 26 30/09/07 Loxley Chase DS0000039334.V346800.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. Refer to Standard OP18 OP23 Good Practice Recommendations The home’s procedures, for safeguarding adults, should give consistent information. Residents, and/or their families, should be able to make a positive choice for the resident to have a shared bedroom. When a resident shares a room and the shared place becomes vacant, the remaining resident should be given the opportunity not to share. The Manager should pursue the successful completion of National Vocational Qualification Level 4 in management and care, or equivalent. 3. OP31 Loxley Chase DS0000039334.V346800.R01.S.doc Version 5.2 Page 24 Commission for Social Care Inspection Stockton Area Office Unit B, Advance St Marks Court Teesdale Stockton on Tees TS17 6QX 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 Loxley Chase DS0000039334.V346800.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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