A clearer position on care charges to the elderly is being sought

Labour administration member Willie Scobie claimed it could clarify the legal position on meal preparation fees under the free personal care programme.

The council dropped its charging policy this year amid claims it breached national legislation.

An investigation has started into the council's potential cost liabilities.

Mr Scobie said a legal challenge might be the only way to take things forward.

"There is so much ambiguity still within the legislation and the guidelines that were provided," he said.

I think the council should do the right thing and take steps to get this money paid back to the people Lou Howson Elderly Forum

"I still believe that we should find a way of this being determined at law."

However, he said that would require people to come forward and make compensation claims.

"If that were the case then we would be in a better position to say we had been challenged and we could find a solution at law," he said.

Dumfries and Galloway Elderly Forum has expressed doubts about the number of people that might be prepared to make claims.

Chairman Lou Howson said it was the council's responsibility to make payments whether challenged or not.

Financial liability

"I think the council has got to act on this themselves," he said.

"I think the council should do the right thing and take steps to get this money paid back to the people."

The authority recently warned it was facing the prospect of paying back charges dating back as far as 2001.

Based on the annual income from the fees, the council's total financial liability could be about �3.75m.