A ROW has erupted over the fees Bolton Council charges for residential care.

It has flared following a refund given to the family of a 98-year-old woman whose fees had gone up 56 per cent in four years - despite residents in the same Farnworth care home paying less.

Her family were given a £1,100 refund in March following the intervention of Patricia Thomas, the local government ombudsman for Greater Manchester.

But there are thought to be hundreds of families in the same position and the council is saying it will only pay up if people approach them. The ombudsman said the council had "created a nonsense".

The family concerned saw their top-up fees rise from £22.50 a week in 1999 to £35 in 2003. The fees are paid on top of the standard rate the council pays to homes for every resident.

The council had applied annual increases - to her and to others in similar positions.

But the ombudsman pointed out that, if the same resident moved to another home, or was temporarily discharged and re-admitted, the family would go back to paying the £22.50 weekly fee, which was the starting point for all residents.

Following the ombudsman's intervention, Bolton Council changed its rules in December so that everyone paid the same standard rate of £22.50.

The fact that the refund has not automatically been paid to all families involved has angered Conservative Cllr John Walsh, who claims the council's executive committee had agreed the council should contact all families to refund them.

"The executive took a view that although the ombudsman only dealt with one case, all cases should be treated equitably," he said.

"We said the next of kin or person concerned should be contacted in every case and it's terribly important that this should be seen to be the case. If the ombudsman ruled in one case, I suspect the ruling would be the same in every case."

A confidential report from the Social Services Executive Committee, leaked to the Bolton Evening News, says: "The ombudsman had not, however, recommended that the council identify other people similarly affected and offer the same redress to them. If the council was minded to settle, it was suggested that any subsequent request be considered on a case by case basis."

A Bolton Council spokesman said: "The ombudsman's report was considered by the executive member for Social Services whose recommendations will be considered by full council this week."

"The recommendations are: to accept the ombudsman's report, to reimburse people who are currently similarly affected, and to deal with claims relating to residents who have since died on a case by case basis."