SMALL BUSINESSES could be in for a shock over the next few months if they ignore the Disability Discrimination Act, which came into force at the beginning of this month.

The Disability Rights Commission, the body responsible for promoting equality of opportunity for disabled people, is planning actions against several businesses for failing to comply with the act. A leading service provider is believed to figure in the cases that could reach court before Christmas.

Businesses that fail to make “reasonable adjustments” to their premises or services to make them accessible to disabled people now face fines of up to £50,000. The Disability Rights Commission and disabled customers are becoming increasingly frustrated at the lack of progress made by many businesses.

So far the Federation of Small Businesses (FSB), which represents 185,000 members, remains unconcerned by the threat of legal action. David Bishop, a spokesman, said: “We have been reassured by the commission’s attitude so far. It realises that this is an issue that needs education, not aggression.” But he agreed: “If they started to make examples of as many businesses as they could, we would be very concerned.”

The Disability Rights Commission, chaired by Bert Massie, said that in the run-up to the October 1 deadline it received 11,000 calls to its helpline, compared with its normal monthly average of 7,000. “It would appear that there are plenty of disabled people willing to assert their rights,” said Will Dingli, a spokesman for the commission. “We are evaluating the merits of their cases.”

But the FSB believes that more could be done to help small businesses cope with the cost of complying with the act. “The government has failed to recognise the cost implications,” said Bishop. “We are disappointed that there are not specific tax allowances.”

When the FSB surveyed its members earlier this year it found that 42% had done nothing to prepare for the act. Further research to find out if this figure has changed is planned for later in the year.

Leading disabled-rights activists have little sympathy for the FSB’s argument. Chris Goddard is a wheelchair user who is project manager of the Disabled Living Centre in Bristol, one of a network of 49 independently funded centres in Britain. He said: “Businesses knew that this act was going to come into force. They have had nine years in which to do something — yet a large percentage of them have still done nothing, particularly the smaller ones.”

Goddard believes that many small businesses are exaggerating the costs of compliance, either through ignorance or as an excuse for inaction. “Some businesses are being given quotes of £30,000 for a through-floor lift,” he said, “but you can get them for £6,000. A platform lift can be even less than that. One of our local Waterstone’s managers told me that putting in a platform lift would put his shop out of business. That’s just nonsense.”

Small businesses can seek advice on complying with the act from one of 175 advisers accredited by the National Register of Access Consultants. Brenda Puech, the organisation’s manager, said: “Many small businesses are worried about the cost of consultants, but the fees are tiny compared with the cost of the work likely to be needed. If you use a non-accredited adviser you could end up paying too much. You don’t necessarily have to make expensive building changes if you can comply in another way.”

Caroline Bowditch, a freelance disability equality trainer from Newcastle upon Tyne, has found that many businesses are simply waiting to see what happens before spending money on alterations, in the hope that disabled people won’t bother to bring actions against them. She said: “As a wheelchair user it has been frustrating to observe the lack of change since October 1. But at least I feel I have more right to ask small businesses what they are doing to improve accessibility.”

She added: “In America, businesses that failed to comply with disability legislation in time were fined $1,000 (£547) a day. We should have the same policy here.”

In a recent “mystery shopping” exercise carried out for the Disability Rights Commission in urban high streets, disabled shoppers rated a quarter of the 88 retail outlets tested as “poor” or “very poor”. It took the disabled shoppers two hours longer than their able-bodied counterparts to complete the same activities. Cinemas gave the disabled assessors particular trouble, with some visitors failing to gain entry at all. A third of public lavatories were difficult or impossible to access.

As frustration grows there are fears that a battle could break out between business and the disability lobby, especially if small firms feel that they are being victimised. Lawyers will have a field day arguing over the interpretation of the phrase “reasonable adjustments”, but the Disability Rights Commission is clearly looking for a high-profile test case to clarify the law. Small businesses could be in for a bumpy ride.

Disability Discrimination Act
www.disability.gov.uk

Disability Rights Commission
www.drc.org.uk

Open4All
www.open4all.org

National Register of Access Consultants
www.nrac.org.uk