David Miliband had been the long-standing favourite to become the next Labour leader
David Miliband is expected to make a statement later about his future, amid growing speculation he will quit front-line politics.
The former foreign secretary has until 1700 BST to decide whether he wants to serve in the next shadow cabinet under his brother Ed, Labour’s new leader.
David lost the party leadership contest despite having a higher percentage of votes from MPs and party members.
The BBC’s Nick Robinson says it would be “so difficult” for him to stay.
Ed Miliband was declared leader at the Labour conference on Saturday and, since losing to his younger brother, David has refused to comment on his future.
He has been praised for his graciousness and generosity in defeat but he appeared annoyed by Ed Miliband’s comments on Iraq during his first speech as leader on Tuesday.
After his brother declared that Labour was “wrong to take Britain into war”, David Miliband was filmed asking the party’s deputy leader Harriet Harman: “You voted for it, why are you clapping?”
The former energy secretary has only been an MP since 2005 and was not part of the government during the invasion of Iraq.
The BBC’s political editor Nick Robinson says David Miliband, and other senior members of the party who voted for the Iraq war in 2003, think it is opportunistic of his brother to use the issue in this way.
“He thinks when his brother marches around and says I am trying to restore trust, he would quite like it if he didn’t restore trust in the Labour Party at the expense of reputations of people who fought in government and worked hard,” he said.
“David Miliband has illustrated in a way why it is so difficult for him to stay in the shadow cabinet. I know in my gut that David Miliband will tell us he is off.”
On Tuesday night, David Miliband’s aide said the former foreign secretary would make a statement on Wednesday afternoon.
The deadline for Labour MPs to nominate themselves for election to the shadow cabinet is 1700 BST.
Ed Miliband, 40, won the leadership ballot of MPs, party members and trade unionists by just 1%.
Since then he has fended off criticism that he owes his leadership to the unions because his brother got a higher percentage of votes from MPs and party members.
During his hour-long speech on Tuesday, he admitted the previous government had made several mistakes, including on Iraq, civil liberties and tuition fees.
But he said a “new generation” was now in charge, and he would be a “responsible” opposition leader and not oppose every proposed spending cut.
Mr Miliband also tried to re-brand himself and shake off the name “Red Ed”, which some papers have taken to calling him after his win, referring to his union support.
He warned while trade unions were important, he had “no truck with overblown rhetoric about waves of irresponsible strikes” and Labour had to be careful not to alienate the public.
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