by Charlotte Smith, Apprentice Solicitor

Unoccupied properties can quickly become targets for vandalism, anti-social behaviour, and safety hazards. Local authorities are empowered to act in certain situations to protect public safety, minimise nuisance, and ensure that these buildings do not contribute to broader community issues. This article explores the powers available under different legislation for securing such properties.

Securing Unoccupied Properties: The Local Government (Miscellaneous Provisions) Act 1982  

Under Section 29 of the Local Government (Miscellaneous Provisions) Act 1982, local authorities can secure unoccupied buildings to prevent unauthorised entry. This includes measures such as boarding up windows or doors. Importantly, the Act defines “building” to include structures, but this does not extend to the surrounding land or gardens. Therefore, while a local authority can secure the physical structure, it cannot, under this provision, block access to the property’s curtilage, such as by erecting fencing.

For persistent cases where re-securing openings is necessary, such as broken window boards, local authorities may feel compelled to repeatedly act under this section. Once measures have been initially implemented under this section, it will be important to keep the situation under review and consider whether alternative courses of action should be taken, particularly where there is a presence of anti-social behaviour.

Addressing Anti-Social Behaviour: Closure Orders  

The Anti-Social Behaviour, Crime and Policing Act 2014 provides another avenue for tackling issues linked to unoccupied properties. Under Section 76, local authorities or the police can issue closure notices where the use of a property has resulted in, or is likely to result in, public nuisance or disorder. In the context of unoccupied properties, closure notices can:

-Restrict access by all persons to the premises entirely, or

-Restrict access by all persons except specified individuals.

Following the issue of a closure notice, an application must be made to a magistrates’ court for a closure order under section 80 of the 2014 Act, unless the notice is cancelled in accordance with section 78. A magistrates’ court can grant a closure order for up to three months, and the order may be extended by application for a period not exceeding three months, if needed to prevent nuisance or disorder. A closure order cannot last for more than six months. This power is particularly useful where abandoned properties become hotspots for anti-social behaviour, such as vandalism or underage gatherings.

Ensuring Public Safety: Building Act 1984  

Local authorities also have powers under the Building Act 1984 to address safety risks:

-Section 76 allows councils to remedy defective premises when delays in addressing issues would risk public health or constitute a nuisance.

-Section 77 enables authorities to act on dangerous buildings by applying to an appropriate court or tribunal for an order requiring owners to execute works to obviate the danger, or demolish the structure. If the owner fails to comply with the order, the local authority may execute the order and recover reasonable expenses from the owner in default.

-Section 78 provides emergency powers where immediate action is needed to remove danger.

The Building Act offers critical tools for addressing imminent safety concerns, especially when there is a delay in owner response or when an owner cannot be located.

Balancing Protection with Responsibility  

While local authorities can take steps to secure unoccupied properties, responsibilities often rest with the property owner. In such cases, councils can notify owners of issues and recommend preventive measures. If owners fail to act, local authorities can exercise statutory powers to recover costs associated with securing or repairing the property.

Conclusion

Managing unoccupied properties is a challenging but essential task for local authorities. By combining the tools available under the Local Government (Miscellaneous Provisions) Act 1982, the Anti-Social Behaviour, Crime and Policing Act 2014, and the Building Act 1984, councils can effectively balance public safety with individual property rights. Collaboration between local authorities, law enforcement, and property owners remains key to minimising risks associated with abandoned or derelict buildings.

by Charlotte Smith, Apprentice Solicitor

Our council is taking a groundbreaking step by recognising ‘care leavers’ status as a protected characteristic. This move will provide care leavers with similar protections to those afforded under the Equality Act 2010 (“the Act”).

Understanding the Equality Act 2010

The Act is a key piece of legislation that protects people from various types of discrimination based on nine protected characteristics. Section 4 of the Act sets out those identified as ‘protected’: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. This anti-discrimination law ensures that individuals are treated fairly in various aspects of life, including employment and accessing services.

Section 149 of the Act also goes further by placing a duty, known as the Public Sector Equality Duty, on Local Authorities when exercising their functions to have regard to the need to:

1. a) eliminate unlawful discrimination, harassment, and victimisation of people with protected characteristics
2. b) advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;

(c)  foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

By complying with this duty, Local Authorities are more likely to meet their obligations under the Act.

The Act as it stands does not currently recognise care leavers status. The ‘Independent Review of Children’s Social Care Report’ recommended that the Government should make care experience a protected characteristic under equalities legislation. It is argued that care experienced people experience similar discrimination to those that have a legally protected characteristic under the Act.

The Government responded to this report as follows:

‘Our ambition remains to extend corporate parenting responsibilities to other government departments and relevant public bodies… We believe this will ensure that policies and services that affect children in care and care leavers better take account of the challenges that they face and provide opportunities for them to thrive.’

Despite this, no changes to legislation have yet been implemented.

Why ‘Care Leavers’ Need Protection

A ‘Care Leaver’ refers to a young person who has been in the care of a local authority for a certain period and has since left that care. The term includes various forms of care, such as foster care, residential care (including children’s homes), and other arrangements outside the immediate or extended family.

It has been recognised that care leavers face unique challenges as studies show that care leavers often struggle with lower educational outcomes, higher unemployment, and mental health issues.

By recognising ‘care leavers’ as a protected group, the Council aims to address these disadvantages and promote equal opportunities.

Corporate Parenting Principles

The term ‘Corporate Parent’ refers to the collective responsibility of a local authority to act for those looked after children and young people as a parent would for their own child, by providing care and safeguarding. These principles apply to the Council’s functions as a whole, not just to social care functions, although some are less likely to be affected.

Whilst District Councils are not directly responsible for looked-after children, the statutory guidance states that these Councils are still required to consider how the principles apply when they are exercising their functions in relation to looked-after children and care leavers.

Recognising ‘Care Leavers’ status

On 23 July 2024, our Council agreed to afford care leavers the same protections as those recognised under Section 4 of the Act, insofar as the law allows. It was established that the Council wanted to go further in fulfilling its duty under Section 149 of the Act to look at what else could be done to ensure that those groups who face the most disadvantage in our community are protected.

The decision to recognise ‘care leavers’ as a protected characteristic is backed by findings from the City of Westminster report, which highlighted significant disparities faced by this group. The report pointed out that care leavers are at a greater risk of social exclusion and discrimination. It also highlighted that extending protections to care experienced individuals is a natural progression in our equality laws, reflecting our society’s evolving understanding of fairness and justice.

As care leavers status has not yet been afforded protection under any statutory provisions, it must be noted that the statutory nine characteristics would prevail in case of a conflict between the two.

Impact on Policies and Practices

This initiative supports the Council’s broader commitment to equality and diversity. By extending protections to care leavers, a more inclusive environment where everyone can thrive is created.

This new recognition has led to ideas of how the Council can go further by treating care leavers as having protected characteristics. Some of these are:

1. Policy and Procedure Changes: Our council will look to review and update policies and procedures to address the needs of care leavers, ensuring they are considered.
2. Health and Wellbeing: Offers will be promoted and directed specifically at care leavers.
3. Work and Training: further training will be provided to staff and managers as to the support that can be offered to care leavers.

Conclusion

Recognising ‘care leavers’ status as a protected characteristic is a significant step towards greater equality. This decision aims to address the specific challenges faced by care leavers and seeks to promote better outcomes for those individuals.

by Claire Reeves, Legal Assistant

As I come to the end of six months working within the NWL Legal Team as a Legal Assistant, I have taken time to reflect on my experiences so far.

My primary responsibility within the team is to handle all new and existing Housing Disrepair claims received by North West Leicestershire District Council.

During the past six months I have received training on Housing Disrepair and legal costs. In addition, I have had the chance to actively participate in the weekly meetings with the housing department where I have been able to see in practice how we deal with different types of claims and how we determine liability. Attendance at these meetings has also provided me with the opportunity to begin to build crucial relationships with the Council’s housing and repairs teams.

Now that I am six months into my role, I have had the opportunity to deal with a variety of disrepair claims, all at various stages of the process and have had successes in settling several disrepair claims since starting in my role which has been very rewarding. I have found this not only to be rewarding because it settles the matter for the Council but because it also means that the homes and hopefully the lives of the tenant’s living within the properties will be improved as a result of repairs being carried out.

I feel that the training and support that I have received so far within the NWL Legal team and the wider Council has been excellent and has set me up perfectly to embark on my new role, giving me the confidence to manage a varied caseload and the chance to build on existing knowledge and skills. I have learned a great deal in this role, just within the past six months and look forward to building on this further as I continue to develop in the role.

As a working mum to a young daughter, I have found that the flexible working arrangements offered by NWL Legal and the Council have made it easy to strike a comfortable balance between my family and working life – something which is very important to me and is not always easy to find!

All in all, the experience that I have had so far working within the NWL Legal team has been overwhelmingly positive and I look forward to developing further within my role over the months and hopefully years to come.

by Helen Lisney, Legal Officer

Often Council’s will be asked to grant rights of way over their land.   Below are the two main ways of granting such rights and the implications for each of them.

Easement

An easement is a right benefitting a defined area of land.    An easement of right of way is a permanent right over the servient land for the benefit of the dominant land.

Once an easement is granted it binds both parcels of land.

Any request for an easement over Council land should be considered carefully as it has the potential to sterilise any future use of the land.

A new easement must be granted by deed and must be registered at the land registry against both parcels of land.

An easement can affect the value of both parcels of land and will need to be assessed by a valuer to calculate the value of the easement.  This will need to be paid by the person obtaining the benefit.

The easement can also contain a requirement that the dominant owner, and any successor in title pays a fair proportion of the costs incurred by the servient owner for the maintenance of the accessway.

Licence

A licence can grant a temporary right of way over land. This should be used where you are happy for a temporary use but want to protect any future development potential of the land over which it is granted. It does not confer any interest in the land.

If it becomes apparent that any person is crossing council land to access other land it is a good idea to offer a licence.  This would protect the land from any prescriptive rights of easement being granted.

A licence will specify the purpose for which it is granted (e.g. to obtain rear access to a defined property) and can be determined by either party on notice.   This will be personal to the grantee and cannot be assigned.

Usually, an annual fee will be paid for a licence.

If you need advice on any aspects relating to rights of way over Council land, then feel free to get in touch with us at legal@nwleicestershire.gov.uk