Care Home: Cherry Tree Lodge

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What the care home does well Residents coming into this home receive sensitive, individual and detailed assessments. The home goes out its way to ensure that the home and staff can meet each residents needs. There are high levels of staff to allow residents to receive the support and care they need. Residents are encouraged and supported to make choices about what they wish to do and contribute to the running of the home through the weekly resident`s meetings. Residents are enabled to enjoy a positive lifestyle through varied activities, contact with the local community, contact with friends and family. Residents live in clean, very well maintained and very comfortable accommodation. Staff are correctly recruited and receive a comprehensive training in order to support the residents living in the home. What has improved since the last inspection? Care plans are more person focused and clearer. This enables staff to know how to care and support each resident in an individual manner. Each resident receives a thorough nutritional assessment and this is monitored during their stay. This ensures that the residents` health and nutrition is adequate for their needs. The range of activities has improved to give more individual choice to each resident. A new supported detailed 4 week induction programme has been introduced in order to ensure that staff have the skills and knowledge to understand and support each resident. What the care home could do better: There were no requirements from this inspection. Although considerable effort has been made to ensure that care plans are individual the manager needs to ensure that where ever possible residents are involved in identifying their care and health needs and all entries are dated and signed. The manager needs to consider whether staff have awareness about understanding/supporting thesexual needs of residents. The home met the national minimum standards and in some case exceeded these standards. CARE HOME ADULTS 18-65 Cherry Tree Lodge 34 Station Road Ruskington Sleaford Lincolnshire NG34 9DA Lead Inspector Tobias Payne Unannounced Inspection 2nd November 2007 08:45 Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 1 The Commission for Social Care Inspection aims to: • • • • Put the people who use social care first Improve services and stamp out bad practice Be an expert voice on social care Practise what we preach in our own organisation Reader Information Document Purpose Author Audience Further copies from Copyright Inspection Report CSCI General Public 0870 240 7535 (telephone order line) This report is copyright Commission for Social Care Inspection (CSCI) and may only be used in its entirety. Extracts may not be used or reproduced without the express permission of CSCI www.csci.org.uk Internet address Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 2 This is a report of an inspection to assess whether services are meeting the needs of people who use them. The legal basis for conducting inspections is the Care Standards Act 2000 and the relevant National Minimum Standards for this establishment are those for Care Homes for Adults 18-65. They can be found at www.dh.gov.uk or obtained from The Stationery Office (TSO) PO Box 29, St Crispins, Duke Street, Norwich, NR3 1GN. Tel: 0870 600 5522. Online ordering: www.tso.co.uk/bookshop This report is a public document. Extracts may not be used or reproduced without the prior permission of the Commission for Social Care Inspection. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Cherry Tree Lodge Address 34 Station Road Ruskington Sleaford Lincolnshire NG34 9DA 01749 676724 Telephone number Fax number Email address Provider Web address Name of registered provider(s)/company (if applicable) Name of registered manager (if applicable) www.homefromhome.com Home From Home Care Ltd No person registered at the moment but a person has applied to the Commission. Application being processed. Care Home 7 Type of registration No. of places registered (if applicable) Category(ies) of Learning disability (7) registration, with number of places Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 4 SERVICE INFORMATION Conditions of registration: 1. The registered person may provide the following category of service only: Code PC To service users of the following gender: Either Whose primary care needs on admission to the home are within the following categories: Learning disability - Code LD The maximum number of service users who can be accommodated is 7. 2. Date of last inspection 19th December 2006 Brief Description of the Service: Cherry Tree Lodge was first registered in July 2006, and provides care for 7 people with a learning disability. It is situated close to the centre of Ruskington, which has a range of amenities and shops. The home is a detached property situated in a residential street, and has been totally refurbished to a high standard. Accommodation is spacious, and comprises a lounge, kitchen diner, conservatory, quiet lounge, sensory room and activity room. All bedrooms are en-suite, and are situated both on the ground floor and first floor, which is accessed by two lifts. The front of the property has lawns and a gravel driveway and parking area. The rear of the property is enclosed, and laid to lawns and flowerbeds, with a large patio area. The home is owned by Home from Home Care who also operates other care homes in the Lincolnshire. The Company’s stated philosophy is ‘Recognising and celebrating the uniqueness of every individual’. The home is for people with autistic spectrum disorder, and staffing is on a 1-1 basis. The fees at the inspection visit on the 2/11/2007 ranged from £1, 250 to £2,050 a week. Extras were for personal clothing, toiletries, newspapers and magazines. The statement of purpose, service user’s guide and information about the home can be obtained from the manager of the home. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. This key inspection visit was unannounced using a review of all the information available us about Cherry Tree Lodge and started at 8.45 am. We spoke to 2 residents, 4 members of staff and the acting manager. The operations director for the company was present for part of the inspection. The main method of inspection was called “case tracking”. This involved selecting 2 residents and tracking the care they received through the checking of records, discussion with them, the care staff and observation of their care. What the service does well: What has improved since the last inspection? What they could do better: There were no requirements from this inspection. Although considerable effort has been made to ensure that care plans are individual the manager needs to ensure that where ever possible residents are involved in identifying their care and health needs and all entries are dated and signed. The manager needs to consider whether staff have awareness about understanding/supporting the Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 6 sexual needs of residents. The home met the national minimum standards and in some case exceeded these standards. 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. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 7 DETAILS OF INSPECTOR FINDINGS CONTENTS Choice of Home (Standards 1–5) Individual Needs and Choices (Standards 6-10) Lifestyle (Standards 11-17) Personal and Healthcare Support (Standards 18-21) Concerns, Complaints and Protection (Standards 22-23) Environment (Standards 24-30) Staffing (Standards 31-36) Conduct and Management of the Home (Standards 37 – 43) Scoring of Outcomes Statutory Requirements Identified During the Inspection Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 8 Choice of Home The intended outcomes for Standards 1 – 5 are: 1. 2. 3. 4. 5. Prospective service users have the information they need to make an informed choice about where to live. Prospective users’ individual aspirations and needs are assessed. Prospective service users know that the home that they will choose will meet their needs and aspirations. Prospective service users have an opportunity to visit and to “test drive” the home. Each service user has an individual written contract or statement of terms and conditions with the home. The Commission consider Standard 2 the key standard to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards, 1, 2, 3 and 4 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. There is written information, which gives clear information about the home. Careful and sensitive assessments take place for each person being admitted to the home to ensure that it meets the residents’ needs. EVIDENCE: There was a statement of purpose but it was not up to date on the day of the inspection and referred to information and the names of 2 other homes within Lincolnshire owned by the company. (However the day after the inspection a new revised and up to date statement of purpose was sent to us). The service user’s guide was also not up to date. These deficiencies were acknowledged and the manager and later operations director explained that the operation director was reviewing both documents. The service user’s guide would also be changed into pictorial format. Since the last inspection a further 2 new residents had been admitted to the home. There were 2 people in the company who had responsibility for assessing new referrals and meeting new residents. Information was obtained from the resident, their family and other people. Over a period of time as long as 6 months in the case of one admission, care would be taken to ensure it was a correct placement. The manager and staff would meet the new resident for a meal and later overnight stay. Written confirmation would be sent to confirm the home could meet their needs based on this assessment. It was Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 9 clear that considerable time and effort was made to ensure the admission went well. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 10 Individual Needs and Choices The intended outcomes for Standards 6 – 10 are: 6. 7. 8. 9. 10. Service users know their assessed and changing needs and personal goals are reflected in their individual Plan. Service users make decisions about their lives with assistance as needed. Service users are consulted on, and participate in, all aspects of life in the home. Service users are supported to take risks as part of an independent lifestyle. Service users know that information about them is handled appropriately, and that their confidences are kept. The Commission considers Standards 6, 7 and 9 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 6, 7, 8 and 9 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Care plans have improved since the last inspection, but some important information is still not recorded. However residents are supported and encouraged to make decisions and choices, and risks are minimised. Staff know how to support and care for the residents. EVIDENCE: Each person had a care plan. Each resident had a file index, personal information, likes and dislikes, photograph, personal planning book, my health action plan and a detailed initial assessment. From this a care plan had been produced which was clear and detailed but had no date when the information was first produced. The manager acknowledged this and agreed to amend the records. The care plan included health and well being, “helping me to live my life my way”, “help me manage my behaviours”, “keep me safe”, “help me get my message across” and risk assessments. There was also a hospital passport with detailed information in case a resident was admitted to hospital. In addition, information about communication and a recent food and activity plan with weight and height record as well as nutrition and healthy living programme was obtained. There was evidence of review dates and the care Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 11 plan was reviewed monthly. Care plans were individual and the daily records well written, factual and dated. During the inspection visit we saw staff offered and respected choices and were flexible in their approach with good clear communication skills towards the residents. This was done in a kind, calm and sensitive approach respecting the residents’ views and opinions. Choices related to meals and activities, and staff stressed the importance of knowing the residents well, in order to recognise how they communicate. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 12 Lifestyle The intended outcomes for Standards 11 - 17 are: 11. 12. 13. 14. 15. 16. 17. Service users have opportunities for personal development. Service users are able to take part in age, peer and culturally appropriate activities. Service users are part of the local community. Service users engage in appropriate leisure activities. Service users have appropriate personal, family and sexual relationships. Service users’ rights are respected and responsibilities recognised in their daily lives. Service users are offered a healthy diet and enjoy their meals and mealtimes. The Commission considers Standards 12, 13, 15, 16 and 17 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 11, 12, 13, 14, 16 and 17 Quality in this outcome area is excellent. This judgement has been made using available evidence including a visit to this service. Residents were involved in meaningful, appropriate activities, which included educational and recreational activities. Staff respected the resident’s rights and choices. Residents received nutritious and varied meals. EVIDENCE: Each resident had an individual timetable, which provided a combination of educational, vocational and leisure activities. There were also a wide range of home and community based activities. Good links had also been established with other company’s homes in Lincolnshire where social activities were shared. There was a white board in the office with details of each resident’s activities. On the day of our inspection visit, residents were going hose riding, attending arts and crafts in the home, shopping in Ruskington and walks into the village and one resident was at a local special school. We could see that these arrangements could be flexible reflecting the resident’s wishes on the day. There were also a range of evening activities, which included visits to a Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 13 local night club for people with a learning disability, bowling, swimming and the local pubs. There was a trampoline in the garden and a purpose built very well equipped sensory room. The home had a people carrier. Contacts with families was very important and one resident had a touch screen computer in her bedroom, which she could access pictures of her family on. Residents had also been on holidays accompanied by staff to Alton towers, Hunstanton, Great Yarmouth and York during the summer. Menus were on a three weekly rota, but again staff explained that these were flexible. There was a weekly residents meeting at which residents were asked for suggestions, so that they could choose their favourite meals. Three residents assisted in preparing meals according to their abilities. Records of food provided, menus and records of food temperatures were being kept. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 14 Personal and Healthcare Support The intended outcomes for Standards 18 - 21 are: 18. 19. 20. 21. Service users receive personal support in the way they prefer and require. Service users’ physical and emotional health needs are met. Service users retain, administer and control their own medication where appropriate, and are protected by the home’s policies and procedures for dealing with medicines. The ageing, illness and death of a service user are handled with respect and as the individual would wish. The Commission considers Standards 18, 19, and 20 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 18, 19 and 20 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Residents’ health and welfare needs are met by individual support and arrangements with local health care providers. Improvements have taken place in the storage and security of medicines. EVIDENCE: Staffing levels allow a high level of support to be provided for residents. All were funded for 1-1 support or higher. We saw staff throughout our inspection visit show a person focused approach to care, using a flexible, sensitive and relaxed approach. Each resident had an ‘All About Me’ assessment, which gave clear information about preferred routines to staff. Each resident was registered with a local GP surgery and other services such as psychology, psychiatry and dentistry were available by referral. A comprehensive nutrition programme was introduced for each resident in June 2007. Each resident had a nutritional, weight and body mass index and exercise assessment. Since the last key inspection medication storage had been improved and a separate secure locked room had now been provided. The team leader was responsible for medication. Team leaders and senior staff gave medication Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 15 after they had been assessed as competent to administer medication. Records were well maintained with receipt and disposal records. A monitored dosage system was used for medication. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 16 Concerns, Complaints and Protection The intended outcomes for Standards 22 – 23 are: 22. 23. Service users feel their views are listened to and acted on. Service users are protected from abuse, neglect and self-harm. The Commission considers Standards 22, and 23 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 22 and 23 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Complaints received were treated properly. Staff are recruited correctly to ensure that residents were protected from abuse. Staff have a good knowledge of the adult protection procedures. EVIDENCE: Each resident had a pictorial complaints procedure but there was no reference to our name and address. This was however in the statement of purpose. The operations director agreed to ensure that this information was included in the future. The home and we had received no complaints since the last inspection. The acting manager of the home had made us aware of an adult protection issue in September 2007. This concerned a member of staff not using the correct procedure in managing behaviour. The acting manager had acted promptly and correctly. The investigation by Lincolnshire County Council had not yet been completed. The home had a satisfaction and complaints book. Since the 13/2/2007 there had been 8 complimentary comments made about the home. There was an adult protection policy and all staff as part of their induction received abuse training. The home had a copy of the new Lincolnshire adult protection policy. Staff received adult protection training from March to July 2007. We spoke with 2 members of staff who knew about abuse and what they would do if abuse was suspected. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 17 Environment The intended outcomes for Standards 24 – 30 are: 24. 25. 26. 27. 28. 29. 30. Service users live in a homely, comfortable and safe environment. Service users’ bedrooms suit their needs and lifestyles. Service users’ bedrooms promote their independence. Service users’ toilets and bathrooms provide sufficient privacy and meet their individual needs. Shared spaces complement and supplement service users’ individual rooms. Service users have the specialist equipment they require to maximise their independence. The home is clean and hygienic. The Commission considers Standards 24, and 30 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 24, 25, 26, 28,29 and 30 Quality in this outcome area is excellent. This judgement has been made using available evidence including a visit to this service. Residents live in a comfortable well designed, attractively decorated, well planned and maintained environment of a very high standard for residents to enjoy. EVIDENCE: The home provided a range of spacious lounge, dining, sitting and recreational areas. There was a large enclosed garden with swings, trampoline, sitting areas and plans for raised garden areas. Each resident had a large en-suite bedroom. Communal spaces included lounge, kitchen diner, large conservatory leading to the garden, quiet lounge, well designed and equipped sensory room and craft/activity room. Furniture and fittings were of a very good quality, and the home was very well maintained. Residents bedroom were individual and there was a shaft lift. One resident told us they liked their bedroom and another told us “its nice here”. Residents were involved in choosing the colours and wherever possible painting their room with staff support/supervision. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 18 Staffing The intended outcomes for Standards 31 – 36 are: 31. 32. 33. 34. 35. 36. Service users benefit from clarity of staff roles and responsibilities. Service users are supported by competent and qualified staff. Service users are supported by an effective staff team. Service users are supported and protected by the home’s recruitment policy and practices. Service users’ individual and joint needs are met by appropriately trained staff. Service users benefit from well supported and supervised staff. The Commission considers Standards 32, 34 and 35 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 31, 32, 33, 34 and 36 Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The home is staffed with employees who were experienced and competent to attend to the residents needs. Residents are protected by robust recruitment practices. Staff receive good and supported induction, training and supervision. EVIDENCE: Each resident had a key and co-key worker. Staff were responsible for care, catering and laundry. Since the last inspection efforts have been made to recruit additional staff. Agency staff continue to work in the home but efforts have been made to ensure that regular staff work in the home. There were 3 staff vacancies and all posts were advertised. The manager was keen to ensure that staff had the skills to support the particular needs of the residents. Each member of staff received an initial 4 week supported induction and a 12 week induction in line with skills for care. New staff shadowed staff in the home. We spoke with a member of staff who started in July 2007. She confirmed that she had been recruited correctly with an application form, 2 references, criminal records bureau check and supported induction. The induction had included an introduction to learning disability, Makaton communication, adult Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 19 protection, infection control, equality and diversity, managing and understanding behaviours, medication, moving and handling and food hygiene. Comments were, “I received a warm welcome, I shadowed a member of staff for 2 weeks, which prepared me to understand and support the residents living here. I have a lot of support and enjoy working here”. The company had a training co-ordinator, who was responsible for arranging training events, and ensuring that staff had received the necessary updates. There was an equality and diversity policy and a number of staff from outside the UK were working in the home. There were no equality and diversity issues. The staff felt they could meet the needs of the residents and felt they had sufficient time. We observed staff taking particular time to communicate to the residents in a calm, kind and sensitive manner. Staff also spoke of the support provided and how they all worked as one team. Since the last inspection, a wide and varied programme of training had been provided. This had included, medication, risk assessment, fire prevention, health and safety, adult protection, infection control, moving and handling, first aid, food hygiene, equality and diversity, certificate in learning disability, cultural awareness, reporting and recording, the Mental Capacity Act 2005, Makaton and communication and autism awareness. Formal training in care and support (National Vocational Qualifications) were to start in November 2007 by a new provider. 17 staff would start training from this date. One member of staff had obtained NVQ level 2. Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 20 Conduct and Management of the Home The intended outcomes for Standards 37 – 43 are: 37. 38. 39. 40. 41. 42. 43. Service users benefit from a well run home. Service users benefit from the ethos, leadership and management approach of the home. Service users are confident their views underpin all self-monitoring, review and development by the home. Service users’ rights and best interests are safeguarded by the home’s policies and procedures. Service users’ rights and best interests are safeguarded by the home’s record keeping policies and procedures. The health, safety and welfare of service users are promoted and protected. Service users benefit from competent and accountable management of the service. The Commission considers Standards 37, 39, and 42 the key standards to be inspected. JUDGEMENT – we looked at outcomes for the following standard(s): Standards 37, 38, 40, 42 and 43 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 lead by a competent and committed manager. This in turn has given rise to a confident, supported and trained staff team. EVIDENCE: Since the last inspection the new acting manager had developed the home since arriving on the 4/12/2006. She had experience in autism and had obtained a management qualification in May 2007. She also had a care qualification. She had applied to us to be registered and her application was being processed. Staff had confidence in her and spoke of the supervision and support received. There was a very relaxed and happy atmosphere in the home and staff showed knowledge about the needs of the residents. Internal quality audits took place in the form of a comprehensive service review on the 14/9/2007. This had included personnel, residents’ welfare, health and safety, medication and finance. There were staff and team leaders Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 21 meetings with minutes and the home had comprehensive policies and procedures. The company made monthly unannounced monitoring visits and detailed reports were available. There was a policies and procedures. Records examined on the day of the inspection were available, well maintained and up to date. Residents’ monies were well maintained. Each resident had a cash box locked in a safe and each resident had their own bank account. The home had a comprehensive and detailed health and safety policy together with detailed risk assessments covering all aspects of daily living activities. A detailed fire risk assessment had also been carried out on the 22/3/2007 and fire safety inspection on the 14/8/2007. There were no concerns. There were regular tests of the fire system as well as regular fire drills. Cherry Tree Lodge DS0000067539.V353919.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 Adults 18-65 have been met and uses the following scale. The scale ranges from: 4 Standard Exceeded 2 Standard Almost Met (Commendable) (Minor Shortfalls) 3 Standard Met 1 Standard Not Met (No Shortfalls) (Major Shortfalls) “X” in the standard met box denotes standard not assessed on this occasion “N/A” in the standard met box denotes standard not applicable CHOICE OF HOME Standard No Score 1 3 2 4 3 3 4 3 5 X INDIVIDUAL NEEDS AND CHOICES Standard No 6 7 8 9 10 Score CONCERNS AND COMPLAINTS Standard No Score 22 3 23 3 ENVIRONMENT Standard No Score 24 4 25 3 26 3 27 3 28 3 29 4 30 3 STAFFING Standard No Score 31 3 32 3 33 3 34 3 35 X 36 3 CONDUCT AND MANAGEMENT OF THE HOME Standard No 37 38 39 40 41 42 43 Score 3 3 3 3 x LIFESTYLES Standard No Score 11 4 12 3 13 3 14 3 15 X 16 4 17 3 PERSONAL AND HEALTHCARE SUPPORT Standard No 18 19 20 21 Score 3 3 3 x 3 3 X 3 X 3 3 Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 23 No Are there any outstanding requirements from the last inspection? STATUTORY REQUIREMENTS This section sets out the actions, which must be taken so that the registered person/s meets the Care Standards Act 2000, Care Homes Regulations 2001 and the National Minimum Standards. The Registered Provider(s) must comply with the given timescales. No. Standard Regulation Requirement Timescale for action RECOMMENDATIONS These recommendations relate to National Minimum Standards and are seen as good practice for the Registered Provider/s to consider carrying out. No. Refer to Standard Good Practice Recommendations Cherry Tree Lodge DS0000067539.V353919.R01.S.doc Version 5.2 Page 24 Commission for Social Care Inspection Lincoln Area Office Unity House, The Point Weaver Road Off Whisby Road Lincoln LN6 3QN National Enquiry Line: Telephone: 0845 015 0120 or 0191 233 3323 Textphone: 0845 015 2255 or 0191 233 3588 Email: enquiries@csci.gsi.gov.uk Web: www.csci.org.uk © This report is copyright Commission for Social Care Inspection (CSCI) and may only be used in its entirety. Extracts may not be used or reproduced without the express permission of CSCI Cherry Tree Lodge DS0000067539.V353919.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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