The Department of Health only became aware of legal proceedings in relation to ‘Miss Y' at a very late stage and was ‘very concerned' about the approach being taken by the HSE, it has said.

In a statement, it said that following discussions between it and the HSE leadership, ‘the HSE legal team decided not to pursue its planned approach'.

The legal action related to getting an order to allow Miss Y to undergo an abortion under the Protection of Life in Pregnancy Act. A previous court order had been obtained to allow the woman to be hydrated.

The director general of the HSE, Tony O'Brien, has called for a review of the legal approach taken by the executive. This would be a separate review to the one being carried out into the care of Miss Y in the lead up to the delivery of her baby by caesarean.

The HSE has insisted that when senior managers became aware of the approach of its legal team, they directed that no further legal proceedings should be initiated.

It added that the circumstances of this case were ‘very complex' and decisions had to be made ‘in real time'.

Miss Y found out she was pregnant shortly after arriving in Ireland earlier this year. She said she had been raped in her home country, was suicidal and wanted an abortion. However, she was told at 25 weeks, it was too late in her pregnancy for an abortion and her child was delivered by caesarean.

The child is currently in the care of the State.