In a statement, the force said that despite a widely publicized photograph showing Bailey among a crowd of apparent revelers, some holding drinks and standing next to a buffet, there was insufficient evidence to “refute the version of events provided by attendees”. The lack of action against Bailey and the two dozen party officials and aides seen huddled in a room on Matthew Parker Street in central London, next to a table piled high with platters of food, paves the way for the former mayoral candidate to be made a peer . He is among a string of allies reportedly shortlisted by Boris Johnson to be sent to the Lords on a resignation price list. Had Bailey still faced a possible fine for breaching lockdown rules, the House of Lords appointments committee (Holac), which vets new peers, could have refused the move. However, the Met Police’s decision is likely to spark more controversy over how the force investigated alleged breaches of the lockdown by senior politicians and aides, notably within Downing Street. When the photo of the Tory HQ rally emerged in December last year, prompting a police investigation, Bailey, who lost to Sadiq Khan in the May 2021 mayoral election, resigned as chairman of the assembly’s police and crime committee of London. The photo showed several people, including property developer and Tory donor Nick Cuddy, raising glasses of wine with a buffet spread out on a table next to them. Among the angry responses to the photo, then transport secretary Grant Shapps called it “disgraceful”. A Met spokesman said the investigation had concluded: “The photograph alone is not sufficient evidence to establish that an offense has been committed. However, it was examined by detectives along with all other relevant material. “This involved speaking to staff at the site and in line with the Met’s standard approach to retrospective investigations of the coronavirus regulations, issuing legal questionnaires to a number of people who had been identified from the photograph.” The spokesman added: “The investigation considered all the material thoroughly and, after careful consideration, found that there was insufficient evidence to refute the version of events provided by the participants to a standard that would meet the required threshold.” While Met officers have spoken to staff, those investigated for alleged offenses have only been questioned through a written questionnaire, as was the case with investigations into lockdown-breaching parties in Downing Street. But Bailey could prove another controversial name on a list of new peers that has reportedly raised concerns from Holac, which reviews candidates for fitness and suitability. Among other Johnson allies reportedly under consideration are former aides Ross Kempsell, 30, and Charlotte Owen, believed to be in her late 20s, who will become the youngest life peers. Archie Bland and Nimo Omer take you to the top stories and what they mean, free every weekday morning Privacy Notice: Newsletters may contain information about charities, online advertising and content sponsored by external parties. For more information, see our Privacy Policy. We use Google reCaptcha to protect our website and Google’s Privacy Policy and Terms of Service apply. Holac members, who are also peers, do not speak publicly about their role, but are said to be concerned about creating peers with such limited experience, particularly Owen, who worked as a political intern just five years ago. After a spell as a parliamentary assistant to Johnson and two other Tory MPs, she spent 18 months as a relatively lowly No 10 councillor, her official rank the second lowest of the four. Kempsell, a former No 10 and Conservative party official who is friends with Johnson and his wife Carrie, also has relatively little experience, having worked as a journalist before 2019. Also among the proposed new colleagues are Johnson’s former chief of staff Dan Rosenfield, former deputy chief of staff Ben Gascoigne and a host of loyal Tory MPs: Nadine Dorries, Alok Sharma, Alistair Jack and Nigel Adams. MPs appear to have agreed to delay holding the by-election to avoid a potentially difficult by-election.