Sue Gray was found to have apparently breached the civil service code by discussing a role with Keir Starmer without telling her Whitehall bosses, a Cabinet Office investigation has found.

Jeremy Quinn, a Cabinet Office minister, said a civil inquiry found a “prima facie” breach of the code about outside interests to be clear and transparent – meaning an apparent contravention of the rules based on first impressions.

Gray was approached by Starmer about a possible role in October 2022 and had a conversation about it on the phone. She told the Cabinet Office about this in March 2023 when it became public that she might be offered a job as Starmer’s chief of staff, and subsequently resigned on deciding to take the position.

Last week, the advisory committee on business appointments (Acoba) said it had been given no evidence that Gray breached the code, although this was a matter for the government to decide.

Quin said in a written ministerial statement on Monday that the civil service findings suggested a breach had occurred. He said individuals must declare all relevant outside interests to their line manager as soon as they arise.

The policy advises that individuals “should err on the side of caution when considering what to declare but the onus is on the individual to consider what might be relevant and declare it”.

A Whitehall source said the Cabinet Office had advised against making public the finding that Gray had breached the code because staffing matters should be kept confidential, but that ministers had made a political decision to put it in the public domain.

In his statement, Quin said: “It is right that we maintain the principle of confidentiality with respect to individual personnel matters. However, I am sure the house will agree with me that the facts in this case, when compared to the rules and guidance in place for civil servants, speak for themselves, and that there is a public interest in ensuring that the civil service code is adhered to.”

He said parliament was being informed “given the exceptional nature of this case and the previous commitment by ministers to update the house”.

A Labour spokesperson said it was a political move by the Conservatives to carry out and publish the investigation.

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“All rules were complied with. The Acoba process makes that clear. This statement is a political stunt by a Tory government out of ideas and out of road,” he said.

“It says everything you need to know about the Tories that they have spent weeks wasting time on this Mickey Mouse nonsense, while refusing to investigate the serious allegations against their London mayoral hopeful, Daniel Korski.

“We’re looking forward to Sue Gray joining us this September as we continue to show the country that only Labour can build a better Britain.”

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