Ed Miliband's judgement has been called into question after his Shadow Immigration minister Phil Woolas's election result was declared void by a special election court.
The MP for Oldham East and Saddleworth was criticised by two High Court judges for making statements accusing his opponent of "attempting to woo...the electoral support of Muslims who advocated violence".
But even though the concerns over his campaign were well-known, Ed Miliband last month appointed him to the sensitive area of Shadow Immigration minister.
In the last few weeks the new Labour leader has been criticised by his own party for failing to discipline Ken Livingstone after he contravened party rules and dithering over whether to join a TUC rally that he had promised to attend. He also u-turned on his promise of a spending review and has failed to keep his own Shadow Chancellor in line on the issue of a graduate tax.
Conservative Party Chairman, Sayeeda Warsi said:
"This ruling exposes Ed Miliband's terrible misjudgement. He was fully aware of Phil Woolas's despicable and inflammatory campaign but still appointed him to a highly sensitive role on his front bench.
After failing to act when Ken Livingstone directly contravened party rules, and dithering over whether to attend the TUC rally, Labour has another leader who'd rather duck a difficult decision than show real leadership."