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Inspection on 13/05/08 for Sun Hill

Also see our care home review for Sun Hill for more information

This inspection was carried out on 13th May 2008.

CSCI found this care home to be providing an Good 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.

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

The homes assessment procedures were very thorough and care plans had been structured to ensure staff recognise the diverse needs of residents. Observation of practice and discussion with staff members confirmed the staff team had been provided with appropriate training to assist them in understanding and meeting the needs of the people in their care. People seen during the visit said they liked living at the home and felt well cared for. One person said, `Good care. The staff are lovely and helpful`. The relative of one person said, Fernhill is an excellent home, looking after mum and keeping her well looked after by a friendly and always helpful staff. She is always clean and smart and enjoys her food at the home`. People spoken to said they enjoyed the quality and variety of food being provided and the activities being organised. One person said, `I like the outings and the staff make it fun`. The relative of one person said, There is a good atmosphere in the home, which makes the least of the difficulties the residents have. The food is good and alternatives are always available. In my experience the staff do their best to include all the residents in their activities`. Routines in the home appeared relaxed with people being allowed unrestricted access to all communal areas. The relative of one person said, `My mother is fairly independent and does largely as she pleases`. Staff at the home have been well trained and are competent to do their jobs. Observation of care practices throughout the day confirmed people are treated with respect and dignity. The relative of one person said, `The home employs staff who come over as warm, caring, friendly and approachable. They always make visitors feel welcome`. People spoken to said they felt safe and knew who to complain to if they were unhappy. The relative of one person said, `I love my mum and if anything put her at risk or upset her about living at Fernhill I wouldn`t hesitate to advise the relevant authorities`.

What has improved since the last inspection?

A requirement made during the last inspection in respect of the home not having an up to date electrical wiring certificate has been implemented ensuring the health and safety of people who live there.

CARE HOMES FOR OLDER PEOPLE Fernhill Residential Care Home 147 Manchester Road Burnley Lancashire BB11 4HT Lead Inspector Mr Wesley Cornwell Unannounced Inspection 13th May 2008 09:30 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 Fernhill Residential Care Home DS0000071271.V359237.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. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Fernhill Residential Care Home Address 147 Manchester Road Burnley Lancashire BB11 4HT 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) 01282 422500 01282 434696 S.J. Care Homes (Wallasey) Limited Miss Brenda Ormonde Care Home 22 Category(ies) of Dementia (22), Learning disability (1), Mental registration, with number disorder, excluding learning disability or of places dementia (4), Old age, not falling within any other category (7) Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: 1. The registered person may provide the following categories of service only. Care home only - code PC, to people of the following gender:- Either. Whose primary care needs on admission to the home are within the following categories: Old age not falling within any other category - Code OP, (maximum number of places: 7) Dementia - Code DE Mental disorder, excluding learning disability or dementia - Code MD (maximum number of places: 4) Learning disability - Code LD (maximum number of places 1) The maximum number of people who can be accommodated is: 22 Date of last inspection 8th October 2007 Brief Description of the Service: Fern Hill provides 24-hour care and accommodation to older people and older people who have a dementia or mental health problem. One person has a learning disability. The home is a large detached house, located on a main road close to Burnley town centre. There are good bus and rail links nearby. There is car parking at the front of the home and an enclosed garden/patio at the back. Car transport with staff escort is provided. There are two lounges and a dining room/lounge on the ground floor. Private single bedrooms and one double (most en-suite) are on the ground, first and second floors. There is a lift to the upstairs bedrooms. The home has an activities programme that includes movement to music, reminiscence, entertainers, dominoes, bingo and outings. The home has a Statement of Purpose and Service User Guide providing information about the care provided, the qualifications and experience of the owners and staff and the services residents can expect if they choose to live at the home. A copy of the Service User Guide and most recent inspection report is issued to all prospective residents and their relatives/representatives to help them make an informed choice whether to move into the home. The range of fees at the home are £366.00 to £433.00 covering all aspects of Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 5 care, food and accommodation. The manager provided this information on the 13th May 2008. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 6 SUMMARY This is an overview of what the inspector found during the inspection. The quality rating for this service is 2 stars. This means the people who use this service experience good quality outcomes. This unannounced site visit was undertaken as part of the homes Key Inspection and commenced at 9.30am and took place over 5.5 hours. Prior to the site visit the manager of the home completed an Annual Quality Assurance Assessment form (AQAA) providing detailed information about the service they are providing. A number of people living at the home, their relatives and staff members were contacted prior to the site visit and their views about the home have been included in the report. In addition we spoke to three people, five staff members and the manager during the visit. Staff, care, maintenance and financial records were examined during the site visit and a full tour of the premises was undertaken with the manager. What the service does well: The homes assessment procedures were very thorough and care plans had been structured to ensure staff recognise the diverse needs of residents. Observation of practice and discussion with staff members confirmed the staff team had been provided with appropriate training to assist them in understanding and meeting the needs of the people in their care. People seen during the visit said they liked living at the home and felt well cared for. One person said, ‘Good care. The staff are lovely and helpful’. The relative of one person said, Fernhill is an excellent home, looking after mum and keeping her well looked after by a friendly and always helpful staff. She is always clean and smart and enjoys her food at the home’. People spoken to said they enjoyed the quality and variety of food being provided and the activities being organised. One person said, ‘I like the outings and the staff make it fun’. The relative of one person said, There is a good atmosphere in the home, which makes the least of the difficulties the residents have. The food is good and alternatives are always available. In my experience the staff do their best to include all the residents in their activities’. Routines in the home appeared relaxed with people being allowed unrestricted access to all communal areas. The relative of one person said, ‘My mother is fairly independent and does largely as she pleases’. Staff at the home have been well trained and are competent to do their jobs. Observation of care practices throughout the day confirmed people are treated with respect and dignity. The relative of one person said, ‘The home employs Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 7 staff who come over as warm, caring, friendly and approachable. They always make visitors feel welcome’. People spoken to said they felt safe and knew who to complain to if they were unhappy. The relative of one person said, ‘I love my mum and if anything put her at risk or upset her about living at Fernhill I wouldn’t hesitate to advise the relevant authorities’. 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. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 8 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 Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 9 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 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The admission and assessment procedures were clear to ensure the care needs of people are met. EVIDENCE: The care plan records of three people admitted to the home had full assessment information including their religious/cultural and relationship needs. The assessment had identified the nutritional needs of the people and risk assessment information advising staff members of the action to be taken to minimize identified risks and hazards. The staff members on duty confirmed they had access to this information and were fully aware of the care needs of the people living at the home. People spoken to during the visit confirmed they were happy with the care being provided and their needs were being met. One person commented, I Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 10 was in hospital after falling and breaking my left hip and had no idea where I could go. I agreed to come to Fernhill after the manager visited me and discussed my needs. I still enjoy being here after over a year’. This home does not provide intermediate care. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 11 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 and 10 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Promotion of health is taken seriously, people’s welfare is closely monitored and health needs were met. EVIDENCE: Individual records are kept for each person with a plan of care setting out the action that is needed to be taken by support staff to ensure all aspects of health, personal and social care needs of the people living at the home were met. Significant events had been recorded and daily entries made setting out the care given. The care plans were structured and were being reviewed with the people or their relative/advocate and updated to reflect any changing needs and these were being actioned as required. The records of three people were looked at and these described their healthcare needs. Discussion with staff members on duty confirmed they were fully aware of the healthcare needs of people living at the home and these are Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 12 monitored and their care plans kept up to date. Entries made on care plans showed good communication between the home and healthcare professionals. The records of one person confirmed a healthcare problem had been identified and appropriate action had been taken by the home to ensure the person received the appropriate level of care. Two care plans had documented that the home had requested visits from a GP and district nurse and both healthcare professionals were observed attending the home during the visit. We also observed a staff escort being provided to assist one person attend their hospital appointment. The care plan of the person was updated on their return ensuring all staff had up to date about the persons health needs. People spoken to said they liked living at the home and were well treated by staff members. One person said, ‘I am very happy here’. The relative of one person commented, ‘I am always kept informed when mum has an appointment and the outcome’. Medication practices observed were safe and good records had been maintained. The staff members responsible for the administration of medicines had received accredited training to ensure they had basic knowledge of how medicines are used and how to recognise and deal with problems in use. People spoken to said the staff team respected their privacy and they could spend time on their own if that was their wish. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 13 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 good. This judgement has been made using available evidence including a visit to this service. Social activities and meals are both well managed, creative and provide daily variation and interest for people living in the home. EVIDENCE: People spoken to said routines within the home were flexible and they were able to make their own decisions about how to live their lives. One person said, ‘I like to come and go as I please. I go out most days for a walk and often catch the bus into town. I wouldn’t stay here if I wasn’t happy’. The relative of one person commented, ‘I have not noticed any significant restrictions on my mother going about the communal areas of the home as and when she wishes. Other residents seem to do their own thing such as watching the television, going to their rooms to read, knit and watch television or just potter around’. People spoken to said they were happy with arrangements in place for receiving their visitors. The relative of one person commented, ‘The home Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 14 employs staff who come over as warm, caring, friendly and approachable. They always make visitors feel welcome’. People spoken to confirmed they enjoyed the food provided by the home. The staff member responsible for the preparation of meals was able to confirm they had information about people with special diets and personal preferences. One person commented, ‘I require a gluten free diet. The home provides this for me’. People spoken to were happy with the choice of meals available. One person commented. ‘Love the meals’. Meal times were served in a relaxed and unhurried manner. Staff members were observed being very attentive to the needs of people. People spoken to were very happy with the arrangements in place for social activities. These were varied and arranged individually and in groups. One person commented, ‘I like the bingo and outings that are organised’. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 15 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 and 18 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Arrangements for complaints are handled well and taken seriously ensuring people feel listened to. EVIDENCE: The home has a detailed complaints procedure, which is made available to everyone on his or her admission and is also on display for the attention of all visitors. People spoken to were aware of how to make a complaint and felt these would be listened to and acted upon. The relative of one person commented, ‘Made a complaint and they responded appropriately’. At the time of this site visit no complaints had been referred to the Commission for Social Care Inspection. Complaints received by the home had been dealt with promptly and had been resolved to the satisfaction of the complainant. The home has a procedure in place for dealing with allegations of abuse. All staff have received training in the protection of vulnerable adults and showed a good understanding of the procedures to be followed in the event of any allegations or suspicion of abuse or neglect. Staff members spoken to said they wouldn’t hesitate to report any concerns they had about care practices to ensure people living at the home are protected from potential harm or abuse. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 16 Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 17 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, 24 and 26 Quality in this outcome area is adequate. This judgement has been made using available evidence including a visit to this service. A planned maintenance and renewal programme for the redecoration and refurbishment of the home should continue to be implemented to ensure residents live in a comfortable, homely, clean and safe environment. EVIDENCE: There has been no progress in upgrading the environmental standards in the home since the last visit. Carpets and furnishings in communal areas are old and if replaced would provide a more homely and comfortable environment for people to live. Bedrooms would also benefit from redecoration and refurbishment to ensure people live in bright and cheerful accommodation. The manager said the new owners had plans for redecoration and refurbishment of the home and she was hopeful improvements would soon be made. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 18 A tour of the building confirmed people had personalised their bedrooms with their own belongings. People spoken to were happy with their rooms and said they had the choice of spending time on their own or in the lounge area’s. Hot water temperatures throughout the home were checked and found to deliver water at a safe temperature in line with health and safety guidelines. It was observed during the visit the home was clean and hygienic ensuring a pleasant environment in which to live. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 19 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. The deployment of a well-trained staff team throughout the day is sufficient to meet the needs of people living at the home. EVIDENCE: Staffing levels were sufficient for the number of people living at the home. People spoken to said they were happy with the care they were receiving and were well treated by the staff. One person said, ‘The staff are lovely and helpful’. The relative of one person said, ‘‘The staff are friendly and listen to things discussed with them about my mum’s welfare’. Staff spoken to said they were clear about their role and work well as a team to ensure the individual and collective needs of residents are met. The relative of one person said, ‘In my experience the staff work hard to provide appropriate care for all the residents. They make efforts to adjust for the individual requirements of each client, whilst maintaining a cohesive community atmosphere’. Records show all staff members have access to a structured training and development programme ensuring the people in their care are being supported Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 20 by a well trained and competent staff team. In addition 75 of staff members have achieved National Vocational Qualifications (NVQ) ensuring people are in the safe hands of qualified and competent staff. Examination of staff records confirmed the home has thorough and robust systems in place for recruiting staff members ensuring the protection of people living there. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 21 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 and 38 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The home is well run and has policies and procedures in place to ensure the health and safety of staff and people living there are promoted and protected. EVIDENCE: The manager of the home has many years experience in caring for elderly people and has achieved a relevant care and management qualification. She is well supported by the owners of the home who visit regularly. The owners are reminded that they must produce a monthly report following one of their visits recording their observations about the home and make this available to the manager. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 22 The relatives of people surveyed before this visit were very positive in their comments about the service being provided by the manager and her staff. One person said, Whenever I visit my mother the staff seem very professional. The home seems to run well. My mother is well cared for. I am happy with the service they provide for my mother. All the staff have a caring and lovely welcoming nature. My mother seems very settled’. Another person said, ‘Runs a friendly, caring, relaxed and homely facility’. The home has effective quality assurance systems in place to monitor the level of service being provided for people who live there. An annual quality assessment of standards has recently been undertaken by a professionally recognised organisation who completed an audit of the care being provided and also sought the views of people living in the home and their relatives. In addition the home has in place its own quality assurance systems to gather the views of people and keep them informed about events being organised by the home. People spoken to confirmed they are consulted about changes taking place in the home and were well informed about events being organised. Financial records were well maintained and up to date ensuring the interests of people are safeguarded. Inspection of maintenance records confirmed facilities and equipment was being maintained as required by health and safety legislation to provide a safe environment for people and staff. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 23 SCORING OF OUTCOMES This page summarises the assessment of the extent to which the National Minimum Standards for Care Homes for 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 X 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 X 2 X 3 STAFFING Standard No Score 27 3 28 4 29 3 30 3 MANAGEMENT AND ADMINISTRATION Standard No 31 32 33 34 35 36 37 38 Score 3 X 3 X 3 X X 3 Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 24 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. Standard Regulation Requirement Timescale for action RECOMMENDATIONS These recommendations relate to National Minimum Standards and are seen as good practice for the Registered Provider/s to consider carrying out. No. 1 2 Refer to Standard OP19 OP31 Good Practice Recommendations A programme for the routine maintenance of the fabric and decoration of the premises should be in place to ensure people live in a safe and comfortable home. The homes owners should prepare a monthly written report following one of their visits to the home recording their observations and make this available to the manager. Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 25 Commission for Social Care Inspection Lancashire Area Office Unit 1 Tustin Court Portway Preston PR2 2YQ 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 Fernhill Residential Care Home DS0000071271.V359237.R01.S.doc Version 5.2 Page 26 - Please note that this information is included on www.bestcarehome.co.uk under license from the regulator. Re-publishing this information is in breach of the terms of use of that website. 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