Care Home: Windsor House

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What the care home does well Windsor House is a well-managed and well run home that ensures good outcomes for the people living there. The home is warm and comfortable and has a welcoming, friendly atmosphere on entering. The premises are clean and safe and the standard of accommodation is satisfactory. The home welcomes visitors at any time; there are no restrictions as to when people can visit. The chef provides a good range of well-balanced and nutritious meals. The office is well managed, with all the information required on hand. What has improved since the last inspection? The home is continuing with the planned programme of refurbishment of bedrooms and bathrooms. New curtains have been fitted around the home. The manager has implemented a complaints system to record any complaints or concerns should the need arise. Continuing staff training and updates. CARE HOMES FOR OLDER PEOPLE Windsor House 209 Wigan Road Standish Wigan WN6 0AE Lead Inspector Judith Stanley Unannounced Inspection 29th May 2008 09:00 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 Windsor House DS0000062654.V364857.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. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 3 SERVICE INFORMATION Name of service Windsor House Address 209 Wigan Road Standish Wigan WN6 0AE 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) 01257 421325 Mr Ghulam Haider Jane Round Care Home 16 Category(ies) of Old age, not falling within any other category registration, with number (16) of places Windsor House DS0000062654.V364857.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: Care home only, 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 The maximum number of people who can be accommodated is: 16. Date of last inspection 1st May 2007 Brief Description of the Service: Windsor House is owed by Millennium Care (UK) Ltd. and offers care for 16 older people. The home is situated on the main road to Wigan and Standish town centres and is approximately five minutes drive from local amenities. Windsor House offers accommodation to people who require assistance with personal care and support. The home is a large detached property in Standish. On the ground there is a large through lounge with an adjoining dining area. Bedrooms are on both floors. There is a lift to the first floor. The home offers five double and six single bedrooms. There are no en-suite facilities, all rooms have a hand basin and toilets and bathrooms are in close proximity to communal areas and bedrooms. The front of the home offers impressive views over fields and the countryside. Car parking is available at the front of the home, and there is a large wellmaintained garden at the rear of the premises. The current scale of fees ranges from £369.00 to £480.00 per week. Additional charges are made for hairdressing and transport, toiletries and items from the tuck shop. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 5 SUMMARY This is an overview of what the inspector found during the inspection. The quality rating for this service is 2 stars. This means the people who use this service experience good quality outcomes. This inspection included a site visit, which the home did not know was going to take place. The site visit was carried out over 5¾ hours on one day. The homes manager assisted with the inspection throughout the day. For the first part of the day the inspector looked at records the home needs to keep, for example records on some residents (care plans), staff files, training information, and certificates that show regular servicing of equipment. The rest of the time was spent talking with residents, staff, and visitors to the home. A tour of the home was also conducted. Prior to the inspection the manager was asked to complete an Annual Quality Assurance Assessment (AQAA). This tells the inspector what the home feels they do well at, how they meet the National Minimum Standards and in what areas they need to develop and improve. To obtain further information about the home comment cards where sent to residents, relatives and staff. Two residents returned comment cards, one said, “Staff are always there when you need them, they are excellent. My room is cleaned every day”. Two members of staff returned comment cards, one said, “ We provide a high standard of care, promote independence and individuality, ensure the safety and privacy of the residents and staff are well informed of any changes and communicate well on all matters”. There were no returned comment cards from relatives. There have been no complaints since the last inspection made to the manager of the home and no complaints have been brought to attention of the CSCI. What the service does well: Windsor House is a well-managed and well run home that ensures good outcomes for the people living there. The home is warm and comfortable and has a welcoming, friendly atmosphere on entering. The premises are clean and safe and the standard of accommodation is satisfactory. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 6 The home welcomes visitors at any time; there are no restrictions as to when people can visit. The chef provides a good range of well-balanced and nutritious meals. The office is well managed, with all the information required on hand. 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 Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 7 contacting your local CSCI office. The summary of this inspection report can be made available in other formats on request. Windsor House DS0000062654.V364857.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 Windsor House DS0000062654.V364857.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): 1,2, 3 and 4 were assessed. Standard 6 does not apply at Windsor House as the home does not provide an intermediate care service. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. There is up to date information available that informs people about the home and the facilities and services offered. EVIDENCE: The home has a statement of purpose and a service user guide. This is available to prospective residents and their supporters. This information is clear and gives an overview of what residents can expect if they chose to live at Windsor House. There is also a home’s brochure available that tells people about the home, future events and activities etc. A copy of the last CSCI inspection report is available in the foyer for anyone to read if they wish. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 10 We selected two residents care plans for inspection; the same two care plans would be used to look at contacts, medication, pre admission assessments and personal allowances. Other resident’s information would be checked if needed. On inspection of the care plans there was evidence that showed that a pre admission assessment had been carried out prior to a resident being admitted to the home. The assessment is carried out at the most convenient place for the prospective residents and is completed to ensure that the home and staff can meet the needs of the individual. The assessment covers personal care and support needed, mobility, sight, hearing and communication, falls and diet etc. It was noted that both residents had a contract/terms and conditions regardless of how their care was purchased. To meet the needs of some residents living at the home staff have undertaken dementia training to ensure that the individuals needs can be met. Windsor House DS0000062654.V364857.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 were assessed. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The care plans were clear and provided staff with the information they need to meet the needs of the residents. Personal care and support is offered in such a way as to promote and protect resident’s privacy and dignity. EVIDENCE: Continuing with the same two care plans, the information contained was comprehensive and covered all aspects of personal care, diet and weight, social care needs such as pastimes and things residents like to do. There are different sections that cover areas of risk for example falls, mobility, sitting and standing, going up and down stairs, pressure care and bathing. The care plans had been updated as required. There was evidence to show that a daily record is maintained. It was discussed with the manager that in some instances more detail was required in Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 12 the notes so that staff know at handover what sort of a day or night residents had had. For example a record on the 29/05/08 at 06:20 read, ‘loose bowel movement, complaining of stomach ache’. There was no indication as what staff did to assist this resident and if any medication had been given. Personal attention to grooming was noted, all residents were seen to be clean and nicely dressed in coordinated clothing and the gentleman were cleanshaven. Ladies have their hair done on a regular basis by a visiting hairdresser. There was evidence to show that outside agencies such as the doctor, district nurse, social worker and the chiropodist were contacted and visited as required. The inspector observed the morning medication round. Medication is only administered by a person who has undertaken training in this area. Medication was given swiftly and efficiently and was immediately recorded on the individual’s drug sheet. The inspector asked the manager to check with her that the medication had been properly given and the correct amount of tablets remained in the blister packs. There were no discrepancies noted. Residents spoken with said that staff was kind and respectful. The inspector noted during the inspection the polite and friendly manner in the way that staff spoke with the residents. Staff was observed knocking on bedroom and bathroom doors before entering to maintain privacy. Windsor House DS0000062654.V364857.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 were assessed. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Residents are provided with a well-balanced, nutritious diet with well-cooked food, which they like and at times that suits them. EVIDENCE: The home has an activities coordinator who is at the home most days. A wide range of activities is offered to suit the expectations and capabilities of the residents. Activities include reminiscence, bingo, dominoes, ball games to promote exercise, ‘Who am I’ games, dancing, pamper days, one to one chats and trips out. Two ladies are avid crossword and word search solvers. The activities coordinator arrived after lunch and residents and their relatives were seen sitting together around a table playing dominoes. Another resident who has nice handwriting was copying some information down to use in another activity. The atmosphere in the home in the afternoon was busy and lively, with most residents involved in some kind of activity. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 14 The manager encourages links within the local community; residents go out shopping and out with family and friends. One lady was going out for the afternoon with her friend and then out to a local restaurant for a meal. The home also welcomes visits from the local clergy. There were a number of visitors to the home; the inspector spoke with three people who were visiting their relatives. All were complementary about the manager and staff and services provided. One relative told the inspector how her relatives health and general well being had greatly improved since moving in to the home. Residents spoken with confirmed they made their own choices on how they spent their time, what clothes they wanted to wear and what time they went to bed and got up in the morning. It was observed that two residents were still in bed at 11:00 as was their choice. Both residents enjoy staying up late watching television and having a glass of whisky, therefore are not early risers. Residents were asked about the quality and quantity of the meals served, ‘Excellent’ was one comment another said, “It’s very good, but I’ve put weight on, there’s always plenty to eat”. A flexible breakfast is served so residents can get up when they are ready. A choice of cereal is available, toast and preserves, tea or coffee. If any resident fancies a cooked breakfast they just have to ask. Lunch is the main meal of the day and on the day of the inspection it was sausage, creamed potatoes, garden peas with mushroom and onion gravy, followed by angel delight. There are alternatives available at every meal, for example for lunch one resident had a vegetable burger instead of sausage. A lighter afternoon tea is served; again there are alternatives available. Hot and cold drinks and snacks are served during the day. Suppers are served before residents retire. The dining tables were nicely set for all meals with matching crockery and appropriately cutlery, napkins and condiments. Windsor House DS0000062654.V364857.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 were assessed. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Residents and their supporters can have confidence that residents will be protected from abuse and have their rights, including the right to complain, protected. EVIDENCE: The manager has implemented a complaints procedure since the last inspection. There have been no complaints since the appointment of the manager and no complaints have been brought to the attention of CSCI. One resident spoken with said if she was unhappy with anything she would tell Jane (the manager). The resident was confident that the manager would deal with any concerns. There has been one safeguarding issue since the last inspection. This was appropriately dealt with using the correct procedures. Staff had undertaken training in the protection of vulnerable adults and had access to the local councils policy and procedures. Windsor House DS0000062654.V364857.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): 19,21,24 and 26 were assessed. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The overall standard of the accommodation is continuing to improve making Windsor House a homely, comfortable, clean and pleasant home for residents to live in. EVIDENCE: From a tour of the premises it was apparent that a lot of work had been carried out to improve standards within the home. There was evidence that rooms had been decorated and new carpets, curtains, furniture and vanity units were in place. Some of the bathrooms had new suites and had been decorated. Residents do not use the green bathroom on the first floor, as the manager does not think it is of an acceptable standard at this time for resident to bathe in. Residents have access to other shower or bathing facilities. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 17 Several bedrooms were inspected and were seen to be clean, warm and comfortable. Rooms had been personalised with residents own belongings brought with them from home. In room 9 the carpet needs to be replaced as it is badly burned from cigarettes from the previous occupant. It was discussed with the manager that room 1 is an odd shape and the hand basin is in front of the door which unless fully screened does not offer much privacy. There is a small room attached to room 1 which if possible could be made into an en suite facility to allow more privacy for washing and using the toilet. There is privacy screening available for use in shared rooms, these were of the old hospital type and not very attractive. A more modern lighter type or a curtain would be more appealing in a residential setting. The lounge and the dining area are bright, comfortable and well equipped with comfortable seating TV and music centre. The manager is fully aware of what environmental improvements are still required and includes these in her rolling programme of maintenance. The outside area and grounds are well maintained and were neat and tidy. Infection control procedures were in place; the home was free from any adverse odours. The laundry is sited away from food preparation and storage areas and does not intrude on the residents. Windsor House DS0000062654.V364857.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 were assessed. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. The home has a robust recruitment procedure in place to ensure the safety and protection of the residents living at the home. EVIDENCE: The staff rotas were available for inspection. There were two staff on duty on the day of the inspection and it was officially the manager’s day off. The manager came to assist with the inspection, as was her choice. It needs to be taken into account that in the absence of the manager that the senior is in charge of the running of the home, administering medication, dealing with any visiting professionals such as doctors thus leaving only one person on the floor. Care staff are also expected to undertake the cleaning duties, therefore if the senior is busy, the other carer is upstairs cleaning bathrooms and bedrooms. This could in effect leave residents to their own devices and this could be potentially dangerous. The home would benefit from some domestic hours that would allow care staff to undertake the role that they were employed to carry out. There is two waking night staff on duty throughout the night. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 19 The home has a chef that prepares and serves all the meals, it was apparent that the chef knew his residents and was aware of likes and dislikes and any special dietary requirements. Staff spoken with appeared happy working at the home. The atmosphere within the home was warm, friendly and relaxed. It was evident that staff and residents were comfortable in one another’s company. Residents described staff as “lovely” and “kind and caring”. A full copy of each members staff employment file is kept in the manager’s office. We selected two for inspection. Files were found to be complete and up to date and contained a completed application form, two written references, a copy of a CRB disclosure, job descriptions and records of training. All staff undertakes a full induction programme on commencement of work. Staff had undertaken mandatory training and updates as required. Information on the AQAA indicates that of the 13 permanent staff group, 6 staff had NVQ level 2 in care or above. Windsor House DS0000062654.V364857.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, 33, 35 and 38 were assessed. Quality in this outcome area is good. This judgement has been made using available evidence including a visit to this service. Windsor House is well run by a qualified, suitably experienced and competent manager. Residents can be sure their best interests will be the manager’s central focus and continued improvements to the service will be ongoing. EVIDENCE: The manager has a significant number of years in working with elderly people and is qualified to NVQ level 4 in care, she also has the Registered Manager’s Award. Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 21 Since the last inspection the manager has continued to improve standards within the home. Any requirements made at the last inspection had been addressed. The manager is fully aware of what still needs to be done within the home to achieve the high standards she is aiming for. The way the home is managed, and run is open and transparent. The manager operates an ‘open door’ policy so that she may be approached at any time by staff, residents or their families, this was observed during the inspection. The office was well organised with all the necessary paperwork required by regulation to hand. Staff had access to all information they may need during a shift. Systems were in place of continuous self-monitoring, these include the homes satisfaction surveys, staff and residents meeting, of which minutes were available. The registered provider visits the home on a regular basis. The registered provider is reminded that the monthly reports required by regulation must be completed by himself or by another appointed person not directly concerned with the conduct of the care home. The monthly reports available had been written by the manager of the home, this is not her responsibility. Some of the residents have handed over the responsibility for their financial affairs to their families but keep small amounts of money with the manager for safekeeping. The two residents whose care plans were looked at did not have any money held at the home. The inspector selected another resident to check their finances. The money was found to be correct and had been recorded on the balance sheet. Equipment and systems used in the home are serviced and maintained, and records were kept. The following checks have taken place and certificates were available to verify that: Gas serviced 03/04/08 Electric serviced 20/05/05 Fire systems 27/04/08 Water testing 23/01/07 Hoists serviced 04/01/08 Lift serviced 02/08 Any accidents, injuries or incidents that affect the staff or residents are recorded and the manager informs the CSCI as necessary. Windsor House DS0000062654.V364857.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 3 3 x x N/A HEALTH AND PERSONAL CARE Standard No Score 7 3 8 3 9 3 10 3 11 x DAILY LIFE AND SOCIAL ACTIVITIES Standard No Score 12 3 13 3 14 3 15 3 COMPLAINTS AND PROTECTION Standard No Score 16 3 17 x 18 3 3 x x x x 3 x 3 STAFFING Standard No Score 27 3 28 3 29 3 30 3 MANAGEMENT AND ADMINISTRATION Standard No 31 32 33 34 35 36 37 38 Score 3 x 3 x 3 x x 3 Windsor House DS0000062654.V364857.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 The carpet in room 9 must be replaced as this is badly burned from cigarettes from the previous occupant. Timescale for action 25/07/08 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 OP27 Good Practice Recommendations The home is to continue with the rolling programme of maintenance of bedrooms and bathrooms. Consideration to be given to employing a domestic for cleaning and laundry duties to allow care staff to spend more time with the residents. The registered provider or an appointee must complete the monthly reports on visits to the home. 3. OP33 Windsor House DS0000062654.V364857.R01.S.doc Version 5.2 Page 24 Commission for Social Care Inspection Manchester Local office 11th Floor West Point 501 Chester Road Manchester M16 9HU 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 Windsor House DS0000062654.V364857.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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