The Telegraph understands that the dozens of civil servants and political advisers who attended the 12 events being investigated by police are not getting tailored government legal advice.
The staff are offered generic “question and answer” sheets about navigating the position they find themselves in, but the taxpayer will not pay for lawyers to give specific advice.
On Thursday, Downing Street sources said that Mr Johnson is in the same position, meaning that government-paid lawyers will not advise him on his personal situation.
He will get government legal advice on wider issues, such as what can be put into the public domain from Sue Gray’s partygate investigation – but not his own defence.
Tory MPs and government sources have speculated that Mr Johnson is likely to be getting legal advice, given the high profile nature of the police investigation.
Yet the Prime Minister’s official spokesman has repeatedly declined to comment when asked in recent weeks if Mr Johnson is getting outside legal help and, if so, who is paying for it.
Scotland Yard said this week that more than 50 people will receive emails or letters asking questions about their attendance at the dozen events being investigated.
Mr Johnson is expected to be among those contacted, given he attended a number of events being looked into by Scotland Yard.
The Prime Minister has consistently argued he did not break Covid rules. His defence to date has centred on believing events he attended were for work.