Isle of Man Courts of Justice Quaiylyn Cairys Elian Vannin

Mr J. Fletcher 2 Horse Shoe Avenue Braddan IM2 1QS

Isle of Man Courts of Justice Deemsters Walk Bucks Road Douglas Isle of Man IM1 3AR

tel: +44 (0)1624 685471 email: summary.courts@courts.im web: www.courts.im

our ref:

Dear Sir

your ref:

16 October 2014

Please find enclosed herewith the certified copy of the notes of evidence of 28 t h March 2011, as requested.

Yours faithfully

Summary Courts Clerk

Note of evidence - 28 March 2011

DSC v Fletcher

10.00 Additional papers served on the court this morning Bench need time to read them.

10.30 Hearing starts.

MissCrapperfor DSC

Mrs. Smith for Mrs. Fletcher

Miss Butterworth for the children

Mr. Fletcher not here at 10.40.

Miss Butterworth says that Mr. Fletcher knew of the hearing. Told by Nugent Care to be here at 9 am.

Bench decide to proceed (10.45 am)

Timothy Burn (Sworn)

Consultant psychiatrist. I have seen Mr. Fletcher on 10 occasionsin the past4years. I see him on a regular basis every 4 to 6 weeks. Difficulties in forming a precise diagnosis. He suffers from irritable bowel syndrome and anxiety. I question whether he suffers from a personality disorder. He has maladaptive personality traits. I have read the reports this morning - read Dr Bermingham's report, not Mr Honig's. Would be helpful to finish readingthat.

[Court adjourns for 15 minutes]

In essence i agree with the reports I would be more hesitant in making a definitive diagnosis. He exhibits evidence of both personality difficulties and perhaps others. Would warrant further investigation. Dr Pope has completed psychological testing -waiting for the results of tests.

Agree with the prognosis of both Mr Honig and Dr Bermingham. Mr Fletcher would probably benefit from psychotherapeutic help, but it would need his cooperation and a significant period of time - perhaps years - before it made a difference.

At present, I see Mr Fletcher when he requests, and if there are concerns expressed by other professionals. Mr Popeand I coordinate well.

Cross-examination for mother - none.

Cross-examination/or children -

I haven't seen the Guardian's report. Ability to care for children is outside my area of expertise.

No questions from Bench,

Michael Pope (sworn) Consultant Psychologist.

Involved with Mr Fletcher in January 2007, cross-referred by a colleague. Until end August 2008. Then April [2009] until August 2010.

He has had a number of diagnoses. Personality disorder a dual responsibility. Diagnosis of EUPD or borderline PD was disclosed by a previous psychometric assessment in December2009.

I saw Mr Fletcher 3 weeks ago to undertake a secondtest. Waiting for a report to come back from the US.

Elements of his presentation cover Emotionally Unstable and Paranoid Narcissistic. He has had mixed personality disorder diagnosed in the past. May be maladaptive behaviours that may not be diagnosable. We have cognitive behaviour therapy on offer. Have looked at introducing Cognitive Behaviour Therapy, but that is not coming to the Island.

No discernible change in his behaviour. The presentation is worse since the birth of the twins. His personality is very well entrenched. Any psychotherapeutic approach is likely to be longterm.

At the moment, other forms of therapy not available. Other therapies could be provided with a team approach.

I think that on the one hand he'd like to make changes, on the other hand he's not aware of the effect of his presentation or the need to change.

At the moment he is on our waiting list for future involvement. The waiting list has come down - a matter of months or weeks at the moment.

Cross-examination/or mother -

A personality disorder is not seen as a mental illness. A deeply-ingrained pattern of maladaptive behaviours. I hope the result of the tests will be back in a couple of weeks.

Cross-examinationfor children - none,

No questions from Bench.

Donald Bermhgham (sworn)

I confirm that it is my report of 8 July 2010, signed by me, with addendum of 28 July 2010 and a further addendum of 11 August. I confirm that they are my reports and signed by me. They are true to the best of my knowledge and belief.

I have read the social worker's report, t h e police report, t h e mother's statement a n d the Guardian ad litem's report.

No amendment t o diagnosis. I agree with t h e evidence as to treatment The key is whether he wants the treatment and is willing to go through it. Prognosis of the likely success of any treatment is very poor - the addenda become increasingly n e g a t i v e . Would impact on whether t h e children could return to him.

Cross-examination for DSC- none.

Cross-examination for mother -

Dialectical Behaviour Therapy - all behaviour therapies have three strands. DBT structured to deal with traits behind borderline personality disorders. Had some success in reducing self-harm (not in Mr Fletcher's case). It's under research conditions.

Good cognitive behaviour therapy would address his threats of self-harm. DBT available in a number of centres in England.

No questions from Bench.

Peter Hong (affirms)

The report of 14 July 2010 is my report. Contents true to the best of my knowledge and belief.

I have read the social worker's report, police report, Guardian's report and the mother's statement.

Nothing I wish to add.

Cross-examination for DSC- none. Cross-examination for mother - none

No questions from Bench.

Gillian Young (sworn)

My report is in the bundle.

I've got an update. When I completed my report Mr Fletcher was on bail. On 22 n d February he was given 4 months suspended for 12 months, plus a Suspended Sentence Supervision Order and costs, Since then 3 calls to the control room. On 2nd March, asking if it was ok to send emails.

On 4th March, distressed, then rang back to say his medication was making him hallucinate,

On 8th March, complained about his mother, later said he didn't want to make a complaint.

No questions.

Linda Thompson (sworn)

My reports, signed by me. True to the best of my knowledge and belief. Nothing to add by way of update.

No questions.

Louse Gibbs (sworn)

My report signed by me. True to the best of my knowledge and belief. No ongoing involvement. Nothing to add.

Cross-examination for mother -

No concerns about Mrs Fletcherat all.

Cross-examination for children -

I didn't have any dealings with Mr Fletcher.

No questions from Bench.

Donna Askew (sworn)

Reportssigned by me. True to the best of my knowledge and belief. Nothing to add.

No questions.

Sarah Creer (sworn)

5 reports signed by me. True to the best of my knowledge and belief.

Update. The situation continues to be positive. Mrs Fletcher delivers delightful care to her boys. Housing is the only outstanding issue, we are working hard to support her. Her tenancy is due to end Mid-April.

Mr Fletcher has increased in his communication with the Department. Emails, many of which are inappropriate. It is becoming quite difficult to manage his level of communication. I've had an update from the police going into a little more detail. He didn't attend court for sentence - a warrant was issued.

There was a serious event at the house - he produced an electric drl and held it to his temples.

Had recent communication with the school across the road.

The current situation - he is not having contact with his children. When contract is arranged, he will usually cancel contact at short notice. Concern about his unpredictable and erratic behaviour. We are recommending contact twice a year - to be reviewed if he engages in therapeutic work.

We propose to support Mrs Fletcher in the months following the hearing.

Wouldn't envisage that would be more than 6 months.

Cross-examination for mother -

When Mr Fletcher had contact it could be quite positive. I supervised at least one contact with both and I think I did three with just Mr Fletcher. Initially it was a Community Health worker and a SocialWorker present.

Mr Fletcher recorded a sessionwith Dr Popeand they discharged him from the service.

Cross-examination for children

I couldn't offer direct support for contact. Would leave that to Mrs Fletcher to seek support from the contact centre.

I have had a conversation with Mrs Fletcher about [what would happen] if they met. It would depend on his presentation. If he was to present difficult behaviour she should call the police.

No re-examination

Questioned by court-

The last contact was in June last year. If contract were arranged, I'd be surprised if he attended.

I wouldn't be seekingto set up contact immediately.

Lia Fletcher (sworn)

Statement of 14 March signed by me. Contents are true.

I prefer to tell the boys that their father is ill rather than that he doesn't want to see them. His mood changes - he might ask for the contact and then his mood might change and cancel it. I want to avoid emotional stress for the boys. I think more contacts should be set up in a year. I won't agree about no supervision. 2 times a year is not sufficient. He won't attend if social workers are there - just the Children's Centre. After the divorce I'll be ready to set up the contact.

Cross-examination for DSC -

I can predict when he'll cancel. If it is in the Children's Centre without the social worker he'll be there. When he feels relaxed he'll make the contacts. He's not been offered contacts without the social workers. I prefer arrangements made through the contact centre. I couldn't agree [contact] without supervision while he is ill. He might get distracted.

No questions.

Terry Douglas (sworn)

I confirm my report. Appendix 1 was compiled by me. Appendix 2 - Mr Fletcher emailed it to me. I have reduced it.

The report and Appendix 1 are true to the best of my knowledge and belief. My recommendation is Residence and Contact Orders

Heard nothing today to make me change my mind. It is useful that the doctors on the Island agreed.

I've had considerable contact with Mrs Fletcher.

I've had reasonable dealings with Mr Fletcher. He's been polite to me. I've had lots of emails. He's an intelligent man. His difficulties are escalating. He looks at himself as a victim. His view recently was that he would not contest the proceedings.

His interest is only around contact.

I support what Mrs Fletcher says. If a social worker is around he'll not be able to restrain himself.

Setting contract as a minimum of twice a year would be acceptable. At the moment, the impact of not turning up would not be great, the boys are young. There is time to seek a no contact order if it doesn't work.

No questions.

Address for DSC

Mother's care of the children exceptionally good. Recommend residence order. Content with contact for minimum amount.

Ask Residence Order

Contact Order

Noorder in relation to original application

8

Address for mother -

Nothing to add. Ask leave to use CV (Appendix 2 from Mrs Douglas' report) in the divorce proceedings.

Address for children

[Court risesfor lunch and to consider decision]

2.00pm - Decision given.

I certify this document to be a true printed copy of the handwritten notes I made at the hearing.

Robin Warne,

Acting Legal Adviser

14 October 2014