[bcab] empty paragraphs - are they accessible?

Hi all,
 
I'm editing copy on a new website for a client using a content management
system. However, unlike most other such systems that I've used, this one
only visually creates a single carriage return when you press the Enter key
on the keyboard. 
 
So, in effect, a paragraph tag creates the visual equivalent of a BR tag.
That means that to create the expected space between paragraphs for users of
visual browsers I have to hit the Enter key twice. When I view the source
code this shows as an empty paragraph between each paragraph that contains
text - so you would see <P></P>. 
 
The agency says that they depracate margins for P tags and that in fact the
rendered code is <P>&#160;</P> which they say is valid as the paragraph is
not actually empty.
 
So is this accessible? I have looked through the WAI guidelines and can't
see which point this might fall under, so can't prove my instinct that this
is not officially OK. 
 
My client is aiming for a Level AA accessible website, if this makes any
difference.
 
Any comments gratefully received!
 
Many thanks,
Karen Packham
 
 <mailto:kpackham@xxxxxxxxxxxxxxxx> kpackham@xxxxxxxxxxxxxxxx
020 8942 1660 / 07768 697729

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