I've now investigated this further, if I select the list items based on the parent id then it automatically uses the content from the current language. So my query is as show below, ListId is a Guid which is a public property that gets set via the designer.
var listItems = fluentApi.ListItems().
Where(li => li.Parent.Id == ListId).
The problem is I now have to find the relevant Guid in the database. So whilst this has fixed the previous issue it is still not desirable as our client cms user's will not be able to just check the database for the relevant Id.