Court must carry out review of detention order despite ward not having mental disorder

Wardship - Assisted Decision-Making (Capacity) Act 2015 - individual ward of court at time Act in place - ward woman in 60's diagnosed with severe dementia - as a consequence of a stroke - ward was subject of a detention order in her current placement - not "approved centre" under s.2 of the Mental Health Act 2001 - High Court had made several orders in this case - HSE's main's issue was that court is not required to conduct a review under s.108 2001 Act detaining the ward in her placement - as she was not suffering from a "mental disorder" - and does not have consultant psychiatrist who is responsible for her care or treatment - and so court not required to conduct a review - and therefore court should not proceed with the s.108 review but that it should review the ward's placement - independent solicitor on behalf of ward disagreed - ward's solicitor argued court obliged to conduct the s.108 review - as ward subject of detention order - that s.108 review should be conducted by court irrespective of the fact that ward does not have a "mental disorder" - and despite no consultant psychiatrist responsible for her care - court considered evidence from the independent consultant psychiatrist - from another consultant physician and geriatrician at the hospital - from independent solicitor - principles of SC in Heather Hill - court finds ward never suffered from a mental disorder - court ultimately concludes that proper interpretation of s.108(1) of the Act requires the court to carry out a review of the wards detention - notwithstanding that she does not suffer from a mental disorder - and notwithstanding that there is no consultant psychiatrist responsible for her care or treatment - court notes that ward never suffered from a mental disorder in first place - court notes it cannot make any order - it cannot continue wards detention in accordance with subsection - or discharge the war given she never had a mental disorder - court satisfied continuation of orders necessary and appropriate and in ward's best interests.