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Inspection on 02/04/07 for Oakmount Hostel

Also see our care home review for Oakmount Hostel for more information

This inspection was carried out on 2nd April 2007.

CSCI has not published a star rating for this report, though using similar criteria we estimate that the report is Excellent. 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

Oakmount provides a safe homely place for people who might otherwise be living rough and at significant risk. The staff team are not judgemental and treat the clients with respect and dignity. However, they work with the clients to try and show them a different outlook on life. Staff make sure clients receive medical care and there are few routines in the home which might restrict choice. The clients know what behaviour is acceptable and there is a mutual respect between the them and staff. Staff are valued and are given ample opportunities to enhance their skills by good training programmes. The home is well managed and there is a commited team of staff who are proud of the work they do.

What has improved since the last inspection?

Oakmount continues to develop strategies within the home to benefit the clients living there.

What the care home could do better:

The home operates to a very high standard. The home has to provide written evidence that the electrical hard wiring has been tested and is safe.

CARE HOMES FOR OLDER PEOPLE Oakmount Hostel 14 Oakmount Manningham Bradford West Yorkshire BD8 7BE Lead Inspector Karen Westhead Key Unannounced Inspection 2nd April 2007 08:25 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 Oakmount Hostel DS0000001282.V328080.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. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Oakmount Hostel Address 14 Oakmount Manningham Bradford West Yorkshire BD8 7BE 01274 549307 01274 549307 oakmount@horton housing.co .uk 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) Horton Housing Associaton Jayne Higgins Care Home 10 Category(ies) of Past or present alcohol dependence (10) registration, with number of places Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: Date of last inspection 8th November 2005 Brief Description of the Service: Oakmount is a purpose built home. It is about two miles from Bradford city centre. The home is on a bus route and is close to local amenities and shops. Up to ten men live in the home, all of whom may have been homeless and have alcohol addiction. The home is a ‘wet’ house in that drinking alcohol is permitted. All bedrooms are single and there is a communal lounge, dining room – with pool table and kitchenette. Staff have a main kitchen, laundry and flat, where staff sleep in. Oakmount does not provide nursing care. The building stands in its own grounds with parking to the front and good disabled access into the home. On 16th November 2006 the fees were £627.20 per week. This fee includes hairdressing, chiropody, toiletries and some transport costs. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. This visit was done by one inspector and had not been prearranged with the Manager. This meant the inspector was able to observe how the home is run on a day-to-day basis, without any changes being made to the usual routines. The reason for the visit was to make sure the home was being run for the benefit and well being of the residents and in line with the standards. The men wished to be called clients, therefore this is used throughout the report. The inspector arrived at 8.25am and left around 3pm. At the end of the visit the inspector told the manager and staff how well the home was being run and what needed to be done to make sure the home meets the required standards. Before the inspection, information already known about the home was reviewed. This included looking at the number of reported incidents and accidents and information from other agencies such as the fire safety officer’s report. This information was used to plan this inspection visit. Comment cards and survey forms were left at the home for clients and visitors to complete. During the visit five clients agreed to complete a survey form whilst talking with the inspector. What was said to the inspector is included in this report. Most of the day was spent talking to clients, visitors, staff and the manager, to find out what it is like to live and work at Oakmount. What the service does well: Oakmount provides a safe homely place for people who might otherwise be living rough and at significant risk. The staff team are not judgemental and treat the clients with respect and dignity. However, they work with the clients to try and show them a different outlook on life. Staff make sure clients receive medical care and there are few routines in the home which might restrict choice. The clients know what behaviour is acceptable and there is a mutual respect between the them and staff. Staff are valued and are given ample opportunities to enhance their skills by good training programmes. The home is well managed and there is a commited team of staff who are proud of the work they do. Oakmount Hostel DS0000001282.V328080.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. Oakmount Hostel DS0000001282.V328080.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 Oakmount Hostel DS0000001282.V328080.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): 1, 3, 4 and 5 (Standard 6 - N/A, the home does not provide intermediate care) Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Clients have enough information about the home to decide if it will meet their needs. EVIDENCE: Five clients told the inspector that they had either been given support or encouraged to move to Oakmount because they were not able to look after themselves, or needed a place of safety due to their addiction to alcohol. None had visited the home prior to moving in but since arriving felt the information available was useful. The circumstances around admission relies on need and most of those admitted arrive within a short timescale of a room becoming vacant. However the home does not accept emergency admissions. One client said his sister had been involved in finding a place for him and he had been happy for her to sort this out. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 9 Six plans of care were seen. All of them included a pre admission assessment. Up until recently a team of staff who knew the men through the ‘Bradford Day Shelter’ used to carry out the initial assessments of people wanting to move into the home. However, this is being reviewed. The last assessment had been carried out by the manager and a senior member of staff. They had visited the client in his own home. This meant staff had met with the prospective client and they were able to get a good idea about the type of care needed. The prospective client can also ask the staff questions about the home and what moving in will mean to them. A judgement is then made about whether the home could provide appropriate care. The admissions process does not give prospective clients the opportunity to spend time in the home before moving in. However, this is appropriate when considering the circumstances around why people are coming to stay. On admission an individual member of staff is allocated to give the client information, special attention, help them to feel welcome and comfortable in their surroundings, and enable them to ask any questions about life in the home. Four clients were selected for case tracking. These included the most recently admitted person and those residents who had either high dependency needs or had been ill. All clients receive a contract of terms and conditions on admission. Those clients case tracked were having their fees paid by the local authority and contracts were held in the home to show this. The Statement of Purpose and Service User Guide provides enough information for clients and their relatives about the home and what they can expect. The staff on duty said they had read through the information with those clients who have sensory impairment or needed help with documentation. All bedrooms are single. This means clients can have privacy whilst being attended to in their own bedrooms and can have time alone if they chose without being disturbed. The staff team are qualified and experienced to work with the client group. Staff understand the cultural and diverse expectations of the clients and work within these. Clients have access to and use the advocacy service to make sure they have a representative if they are not able to make their own wishes known. Oakmount Hostel DS0000001282.V328080.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, 8, 9, 10 and 11 Quality in this outcome area is excellent. This judgement has been made using available evidence including a visit to this service. Health, personal and social care needs are fully met. The principles of respect, dignity and privacy are put into practice. EVIDENCE: Clients at Oakmount receive effective personal and healthcare support which is determined by a ‘person centred approach’. The Statement of Purpose and Service User Guide explains the specialist care the home offers. The staff working in the home are skilled and knowledgeable about the needs of the clients and deliver care in a professional and competent way. Plans of care show the personal and healthcare needs of each client and how staff will meet these. In many instances other professionals work in partnership with staff in the home to make sure clients are receiving the best possible care. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 11 There are some aids and equipment in bathrooms to encourage clients to retain their independence. The manager reviews this regularly to make sure the home can accommodate any changing needs. Staff have received training in the use of equipment. Clients who have a doctor in the locality can choose to stay on the practice list. However, most are registered with a local surgery which includes a doctor who has vast experience with people who are homeless, have addictions or other related difficulties. There is also a team of district nurses who know the clients and the clients trust. Staff have good links with the outreach team who may have worked with the clients prior to them moving into Oakmount. Regular reviews and health appointments are seen as important and systems are in place to make sure these are not missed. Staff are alert to any changes in mood, behaviour and general wellbeing of each client. Plans around health are in place and records are carefully updated to give an accurate account of what is required and done. There is a good medication policy in place. Staff understand the procedures and work within their responsibilities. Quality assurance systems confirm that this policy is practiced. None of the current group of clients take care of their own medication and have agreed for the home to oversee this on their behalf. Oakmount does not provide nursing care, however admissions are seen as long term whilst ever the staff can provide the care required. The wishes of each client about terminal care and the arrangements they want after death are openly and sensitively discussed with all clients. Their wishes are recorded. This included specific details including information to be passed to family or friends. Staff routinely receive training in this area and have support and guidance from senior staff to discuss any areas of anxiety or concern. Oakmount Hostel DS0000001282.V328080.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, 13, 14 and 15 Quality in this outcome area is excellent. This judgement has been made using available evidence including a visit to this service. Clients at Oakmount make choices about their lifestyle. Social, cultural and recreational activities meet the clients expectations. EVIDENCE: Staff focus on each clients right to live the life they choose. Staff do not impose their views on clients but support them in ways which might improve their outlook on life. Staff make sure clients rights and citizenship are protected. For example clients have been provided with postal votes for the forthcoming local elections. Clients said they are able to do what they wish, when they wish. There have been three clients meetings in the last three months, which have been used to seek the views of clients about the running of the home and what they need to make their lives better. Routines are very flexible and clients make choices about their lives. Routines are client focused. For example clients have full control about when they get Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 13 up and go to bed, who they spend time with and when to eat. A main meal is provided at lunchtime. But it was clear that if clients did not want to eat at that time, a meal was chilled and reheated when requested. This could be at 2am if that is what the client wanted. Not all clients said they enjoyed the meals provided. However, there is a varied menu available and clients had a choice at each mealtime. Snacks and drinks are provided throughout the day and night. Clients have access to a kitchenette, which is separate from the main kitchen. It is mainly used to make hot drinks. Staff try to encourage residents to eat a healthy diet and monitor weight loss and gain. Visiting is restricted to between 11am and 4pm during the week and 9am to 4pm at weekends. In conversation with clients they said they didn’t think this was bad as they did not want people around during the evening when they wanted the house to themselves. However, it is made clear in the Service User Guide that this is a flexible arrangement and is put into force only when necessary. For example in instances when visitors may outstay their welcome or who monopolise the communal areas and clients cannot access the facilities in comfort. Oakmount Hostel DS0000001282.V328080.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, 17 and 18 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Clients are able to raise complaints and have access to a complaints procedure. Their rights are protected and they feel safe. EVIDENCE: There had been one complaint over the last twelve months. This had been dealt with by the manager and substantiated. Where necessary practices and procedures had been changed. There have been no referrals to the adult protection unit. This is because there have not been any serious incidents, rather than there being a lack of understanding when incidents should be reported. Clients said they knew who to complain to if they were unhappy and the complaints procedure was displayed for them to refer to. All the clients spoken with said they had not had reason to make a complaint so far. Staff spoken to said they had received training on adult protection. Copies of the adult protection procedures and the local authority adult protection procedures are kept in the office, and are available for staff to read. Staff showed a good awareness of what they should do if they thought clients might Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 15 have been subject to any form of abuse and were able to identify the different types of abuse possible. Oakmount Hostel DS0000001282.V328080.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, 20, 21, 22, 23, 24, 25 and 26 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The design and layout of Oakmount allows clients to live in a safe, well maintained and comfortable home. EVIDENCE: The home was built over ten years ago. It is purpose built. It is on a quiet residential street and does not look out of place. There is no large sign advertising the fact it is a care home, just the house number at the entrance. The company the house is leased from, is responsible for maintenance of the building. The home is well maintained. Bedrooms seen had been personalised to differing levels and reflected the tastes of the client using it. The layout of the building means small groups of clients can meet together if they wish. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 17 Some of the clients spend the majority of their time in their bedrooms. Clients can meet with friends and relatives in their bedrooms if this is appropriate. There are two shower rooms and two bathrooms, one of which has a mechanical hoist. There a locks on the doors and clients can use the facilities in private. Clients said there is enough hot water but that they had raised a concern about the water not always being hot enough when running a bath. The reason given to them about safety was accepted. The home is well lit, clean, tidy and smells fresh. The only requirement made during the inspection is that there was no written evidence to show that the hard wiring in the home had been tested and certified as safe by an approved contractor. This had been raised by the manager recently during an audit of the home and she was waiting for confirmation from the landlord. Oakmount Hostel DS0000001282.V328080.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, 28, 29 and 30 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Staff at Oakmount are trained, skilled and enough staff are on duty to support clients who live there. EVIDENCE: All the clients, who talked with the inspector, spoke in positive terms about the manager and staff team. They said staff made them feel safe and that they had confidence in the care being provided. There are enough staff on duty throughout twentyfour hours. Staff have been trained beyond the basic requirements meaning they have the skills and knowledge to deal with the needs of the client group. Staff are entitled to up to five paid days of absence to attend courses out of the home. All staff have an accurate job description which sets out their roles and responsibilities. Clients knew the names of staff and who their keyworker (nominated carer) is. Clients said they had a say about who this member of staff is and valued the relationships they had developed with the manager and staff team. Three clients said Oakmount is ‘my home’, and that they felt they belonged and staff were the only family they knew. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 19 The staff team is made up of a manager, support workers and carers. There is one cook who also has dedicated hours to carry out cleaning. The staffing structure is based around delivering outcomes for the clients in the home and not led by staff requirements. There is a good recruitment procedure that makes sure only staff who are suitable to work with vulnerable people are appointed. One newly appointed member of staff was being taken through an induction programme and was part way through a probationary period. He had been recruited from an agency and as such checks had been carried out by the agency. However, the manager acknowledged that further checks were required before the member of staff was offered a permanent post at Oakmount. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 20 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, 32, 33, 34, 35, 36, 37 and 38 Quality in this outcome area is excellent. This judgement has been made using available evidence including a visit to this service. The management of the home is based on openness, respect and commitment. The manager is competent and has the necessary skills and qualifications to oversee the home properly. EVIDENCE: The manager is properly qualified and has over ten years experience of working with the client group. The manager is well supported by a dedicated team of staff. Senior managers visit the home regularly to review the service and plan for the future. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 21 The manager has a clear vision of what the home provides and plans for further development. Policies and procedures are written in a way which follow ‘best practice’. Equality and diversity issues are considered when staff are working with clients. The organisation carries out an annual quality assurance survey. The results are gathered and presented in a statistical form. The outcomes are difficult to interpret as they include all the services provided by the organisation. However, one section showed there was a high percentage of satisfaction with clients at Oakmount. Staff work practices and performance is discussed during their supervision sessions with a senior member of staff. The views of clients and staff are listened to, valued and acted upon. The insurance cover in place makes sure the home is fully insured to meet any loss or legal liabilities. There are safeguards in place for the correct management of clients money. Clients are asked to sign for any transactions involving their money and staff witness this. Record keeping is good. These are kept securely and staff know what they have to do to comply with the requirements of the Data Protection Act. Clients told the inspector about their file and what it contained. The plans of care had been signed by the client involved and they were fully involved in what was being written about them. The manager and staff team have a good understanding of the risk assessment process and this is taken into account in the running of the home. Health and safety systems are regularly reviewed and are kept up to date. There is a requirement regarding the electrical hardwiring, apart from this the home is kept safe. Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 22 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 3 X 3 3 3 N/A HEALTH AND PERSONAL CARE Standard No Score 7 3 8 3 9 4 10 4 11 4 DAILY LIFE AND SOCIAL ACTIVITIES Standard No Score 12 4 13 4 14 4 15 3 COMPLAINTS AND PROTECTION Standard No Score 16 3 17 3 18 3 2 3 3 3 3 3 3 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 4 4 3 3 3 3 3 3 Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 23 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 Written evidence is required to show that the electrical hardwiring is safe and has been tested by a competent contractor. Timescale for action 04/06/07 RECOMMENDATIONS These recommendations relate to National Minimum Standards and are seen as good practice for the Registered Provider/s to consider carrying out. No. Refer to Standard Good Practice Recommendations Oakmount Hostel DS0000001282.V328080.R01.S.doc Version 5.2 Page 24 Commission for Social Care Inspection Aire House Town Street Rodley Leeds LS13 1HP 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 Oakmount Hostel DS0000001282.V328080.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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