Delays in processing legal aid applications are leaving some defendants in London’s Crown and magistrates’ courts unrepresented, criminal solicitors have warned.

Malcolm Duxbury, president of the London Criminal Courts Solicitors Association, told the Gazette there is a ‘very large’ backlog in processing and assessing Crown court means test applications, particularly at the City of Westminster Magistrates’ Court. ‘This means that a lot of defendants are not being represented when they return to court, even at the Crown court,’ he said.

Duxbury said the problem had been evident for some weeks, but after a meeting with the Courts Service, the Ministry of Justice and the Legal Services Commission, steps are being taken to improve the situation.

Ian Kelcey, chair of the Law Society’s criminal law committee, said the root cause of the problem is that the Crown court means test is too complicated.

He said the backlog has been compounded by the impact of the recent National Audit Office report, which found that the LSC had overpaid solicitors by £77m, and has led to closer scrutiny of legal aid applications.

‘With people who are not simply on benefit, applications are being returned asking for more and more information and evidence,’ said Kelcey.

A Courts Service spokesperson said: ‘The introduction of means testing of legal aid has led to a delay in processing claims in London. This has led to some cases being adjourned.

‘We are working closely with lawyers and the LSC to minimise disruption, and the delay has already been reduced significantly with extra staff being temporarily employed. We aim for the delay to be removed by the end of the year.’

An LSC spokesman said that, against a national rejection rate of 25%, the proportion of forms being returned in London is 40%, due largely to incomplete information being submitted by solicitors.

‘Reducing the additional work in rejecting applications would greatly assist court staff and help to speed up the processing of applications in the capital,’ he said.