Sir Keir Starmer has repeatedly refused to say if he will sack Deputy Prime Minister and Housing Secretary Angela Rayner if his standards adviser concludes she broke the ministerial code.

Rayner referred herself to Sir Laurie Magnus after she admitted underpaying stamp duty on an £800,000 flat in Hove.

She has said the “mistake” was the result of incorrect legal advice which failed to “properly take account” of her circumstances.

Sir Keir told the BBC he would “of course act” on Sir Laurie’s report which he expected to be “comprehensive” and delivered quickly but would not be drawn on whether Rayner would be fired.

Tory leader Kemi Badenoch said the prime minister did “not have a backbone”.

“Time and time again he has said that if this situation happens he would instantly sack people.

“When the shoe was on the other foot when he was leader of the opposition he went after people for this same scenario – as did Angela Rayner.

“Now that the shoe is on the other foot what we are seeing from them is hypocrisy.”

Badenoch said Rayner’s admission she had not paid the correct amount of stamp duty should have led to “an instant resignation from her or an instant sacking from Keir Starmer”.

Speaking to the BBC,Sir Alex Allen, saying she had broken the ministerial code.

The prime minister said he had strengthened the ministerial code and the role of the adviser since taking office.

The code sets out the standards ministers are expected to uphold including honesty and integrity.

Sir Laurie can advise on whether ministers have adhered to the code, but the prime minister decides what if any action to take.

Asked about report,

“I don’t think it’ll take long now for that bit of process to conclude and then, of course, it does fall to me.

“I completely accept that, to make a decision based on what I see in that report.”

The prime minister has the power to dismiss Rayner from her roles as housing secretary and deputy prime minister but cannot remove her as deputy Labour Party leader because she was elected to the role by Labour members.

Sir Keir said he knew on Monday that Rayner was taking further advice on her tax payments.

Rayner’s team initially said she had paid the right amount of stamp duty on Thursday in response to a report in the Daily Telegraph.

However, on Friday evening she asked a lawyer to review her situation. On Wednesday morning the KC offered their final advice which concluded she had not paid the right amount.

Acknowledging the underpayment, Rayner said: “I deeply regret the error that has been made. I am committed to resolving this matter fully and providing the transparency that public service demands.”

The prime minister – along with other cabinet ministers – has backed Rayner, telling MPs he was “very proud to sit alongside” her.

Both the Conservative and Reform UK have called on Rayner to resign.

As first reported in The Guardian, the deputy prime minister used Verrico & Associates, a small family conveyancing firm in Kent to handle the purchase of the Hove property at the centre of a tax dispute.

The Herne Bay-based high street firm employs six people, including two licenced conveyancers. It doesn’t list tax advice among its services, although on LinkedIn the managing director states that “through our connections we can also offer advice on Wills, Probate and Tax planning”.

Experts have previously said that conveyancers would be unlikely to be able to give specialist tax advice of the kind Rayner required.

Allies of Rayner have said she received advice from a conveyancer and from two other trust experts. It remains unclear who the two trust experts were, and whether they have specialised knowledge on stamp duty tax.

Someone answering the phone at the conveyancing firm would not give their name but said “we’re not talking to journalists”.