Rebecca Upton and Fiona Clegg Have Conviction Quashed in the Court of Appeal, in the First Modern Slavery Prosecution of its Kind

On 4 December 2025, Lord Justice Edis handed down judgment in which the conviction was quashed and no retrial was ordered. On 12 May 2023, following a 5 week trial, SSH and her co-defendant GW were convicted of holding a person in slavery or servitude, contrary to section 1(1)(a) of the Modern Slavery Act 2015. They were also found guilty of ill-treatment by a care worker, or aiding and abetting this, in 2018, 2019, 2020. SSH was found not guilty of two further counts of aiding and abetting ill treatment by a care worker in 2016 and 2017, as well as allegations of fraud and theft.

SSH married the complainant, TSH, who suffers from cerebral palsy and needs substantial physical care and assistance. GW was employed as TSH carer.

The prosecution’s case was that both of the appellants failed to properly care for TSH in a substantial way. Together they separated him from his family and made him report that GW was doing a good job to the carer’s agency and Social Services.  Their case was that TSH was held in servitude and/or slavery by the actions of the appellants.

Whilst TSH had not provided work for the appellants he had been forced into enabling GW to keep his job, and his income, when he was failing lamentably in his duties as a carer, and behaving in abusive way to TSH over a long period of time. This included one instance of causing actual bodily harm. TSH was said to have provided a home to both of the appellants and further resources to Somerset-How. This had enabled them to use his money to fund their lifestyle. The prosecution case was that it was because the victim was enslaved that they could continue to enjoy this way of life.  Had he been free to decide for himself who his carer would be, he would have dispensed with GW’s services. 

Both appellants denied that there was any mistreatment of TSH at all, and consequently no condition of slavery or servitude arose. They denied that TSH was coerced into providing them with employment for Webb, housing, or money to both.

The Single Judge granted leave to appeal conviction in January 2024. Following a full day of legal argument on 5 November 2025, judgment was handed down last week. The conviction was quashed. The prosecution applied for an order pursuant to section 7 of the Criminal Appeal Act 1968 that both appellants should be retried on count 1.  This was refused by the Court of Appeal after considering written arguments.

On 14 July 2023, SSH was sentenced to a total of 11 years imprisonment. This was comprised of 11 years in respect of the modern slavery count, 3 years on each of the ill-treatment by a care worker counts, to run consecutively to each other but concurrent to the modern slavery count.

As a result of the conviction being quashed on count one, SSH will serve a significantly reduced sentence.

Rebecca and Fiona were instructed and assisted throughout by Maria Haywood of Wannops LLP.

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